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CIVIL GOVERNriENT 

OP 

COLORADO 



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D. R. HATCH 



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UNITED STATES OF AMERICA. 



CIVIL GOVERNMENT 



OF 



COLORADO 



— BY — 

DORUS R. HATCH, 

SUPERINTENDENT OP THE STATE INDUSTRIAL SCHOOL. 

GOLDEN, COLO. 



/ 

DENVER, COLO! 

THE CHAIN & HARDY CO., PUBLISHERS 

1892 



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Copyrighted. 1892, 

BY 

DORUS R. HATCH. 



PREFACE. 



THIS book is the hasty revision of a manuscript 
made for class use in the Golden High School 
some years ago. I have aimed to make it cover the 
principal facts concerning the machinery of our State 
Government. I have found it difficult to be compre- 
hensive and exact, and also brief. I have placed in 
the appendix the definitions of some common legal 
terms used in the text. 

I omit many things of interest and importance 
because of the formative condition of our institutions. 
It is my purpose, if the book meets a demand, to 
revise and extend it. 

The short time for preparation and the pressure 
of my other duties make it probable that errors have 
crept in and that I have overlooked changes made by 
the late General Assemblies. I will be glad to have 
such errors pointed out. 

I desire to acknowledge the very considerable aid 
given me by W. A. Dier, Esq. , of Golden. 

D. R. HATCH. 
Golden, Colo., November 2, 1892. 



CONTENTS. 



Chapter. Page. 

I. The State of Colorado, i 

II. The Constitution, ..... 3 

III. Public Officers, . . . . .5 

IV. The Legislative Department, . , 6 

V. The Executive Department, * . .16 

VI. The Judicial Department, , . . 26 
1 

VII. The County, ... . 35 

VIII. The School District, .... 40 

IX. Towns and Cities, . , . . .44 

X. State Institutions, . , „ .47 

XI. Elections, . ♦ . , . • 51 
XII. Revenue, ... . 55 

XIII. Public Indebtedness, . . . . • 57 

APPENDIX— 

The Constitution of Colorado, . . 1 

Definitions, ..... 34 



CHAPTER I 
THE STATE OF COLORADO. 

Boundaries. — The State of Colorado includes the 
territory lying between the thirty- seventh and forty - 
first parallels of north latitude, and the twenty-fifth 
and thirty-second degrees of longitude west from 
Washington. 

Acquisition. — This territory was acquired by the 
United States in three parcels. The north-eastern 
portion was a part of the Louisiana purchase from 
France in 1803. At that time its limits were not ex- 
actly defined. By the treaty of 1819 with Spain, the 
boundary between the United States and the Spanish 
possessions was described as ''following the course of 

the southern bank of the Arkansas, to its. source . 

from the said source due south or north, as the 



case may be, till it meets the said parallel of latitude, 
42°". This defines the portion of Colorado acquired 
from France as that part lying north of the Arkan- 
sas River and east of that river and the meridian of 
its source. 

When Texas was admitted into the Union in 1845, 
her territory was described as follows: — "All the 
land lying east of the Eio Grande and embraced with- 
in the limits of the Rio Grande on the west and south 
and the boundary between the United States and Spain 
under the Florida treaty of 1819, on the east." 

In 1850 Texas sold to the United States all her 
territory outside her present limits. This included' 



2 CIVIL GOVERNMENT OF COLORADO. 

that portion of Colorado which is bounded on the 
north and east by the Arkansas River and on the 
south-west by the Rio Grande. The north-western 
boundary of this portion was not defined. 

The rest of the State was included in the Mexican 
cession of 1848. 

History of French cession. — The part of Colo- 
rado acquired from France remained a part of the 
Territory of Louisiana until 1812. Upon the admis- 
sion of the State of Louisiana in that year, the re- 
mainder of the Louisiana purchase received the name 
of Missouri Territory. After the admission of the 
State of Missouri in 1821, what remained of the terri- 
tory was still for many years known as Missouri. 
That part of the French cession now included in 
Colorado became parts of the territories of Kansas 
and Nebraska upon their organization in 1854. 

History of Texan and Mexican cessions.— That 
part of Colorado w T est of the "summit of the 
Rocky Mountains" was included in the territory of 
Utah, organized in 1850. The rest of the Texan and 
Mexican cessions became parts of New Mexico and 
Kansas, organized respectively in 1850 and 1854.* 

Territory organized. — After the increase of popu- 
lation following the gold excitement of 1858-9, meas- 
ures w r ere taken resulting in 1861 in the organization 
of the Territory of Colorado, with the boundaries of 
the present State. 

^Nebraska included that part of Colorado east of the summit of the Rocky 
Mountains and north of parallel forty. * 

The boundary of Kansas followed the 37th parallel west to the 103d meridian 
west from Greenwich ; thence north to latitude 38 ; thence west to the "summit of 
the Rocky Mountains"; thence north on said summit to parallel 40 ; thence east, 
etc. 

The boundary of New Mexico followed the 103d meridian west from Greenwich 
north to parallel 38 ; thence west on that parallel to the summit of the Sierra 
Madre ; thence south with the crest of said mountains to the 37th parallel. 



CIVIL GOVERNMENT OP COLORADO. 3 

Enabling act. — The act of Congress enabling Colo- 
rado to become a State received the approval of Presi- 
dent Grant on March 3, 1875. 

Constitutional convention. — The convention to 
form a state constitution met in Denver, December 
20,1875, and adopted a constitution March 14, 1876. 

Adoption of Constitution by the people. — The Con- 
stitution was adopted by the people at an election 
held July 1, 1876. 

Final admission. — The proclamation of President 
Grant, announcing the final admission of Colorado as 
a state, is dated August 1, 1876. 

National officers. — As a state, Colorado became 
entitled to two United States Senators, one Repre- 
sentative in Congress and three Presidential Electors. 
By the apportionment made after the national census 
of 1890, Colorado became entitled to two Congress- 
men.* The Senators are elected by the General 
Assembly for terms of six years. The Congressmen 
are elected by the voters of the congressional dis- 
tricts for terms of two years. Presidential Electors, 
of which there are now four, are elected every fourth 
year by the voters of the State, to cast the vote 
of the State for President. 



CHAPTER II. 
THE CONSTITUTION. 

Object of the Constitution. — In their Constitution, 
the people of Colorado declare the rights of individ- 
uals, establish a government and define its powers. 

*The Eighth General Assembly, 1891, divided the State into two congressional 
districts. The first consists of the counties of Larimer, Boulder, Weld, Morgan, 
Logan, Washington, Sedgwick, Phillips, Yuma, Arapahoe, Jefferson, Park, and 
Lake. The rest of the State constitutes the second district. 



4 CIVIL GOVERNMENT OF COLORADO. 

Force of the Constitution. — The people are the 
source of political power. In the Constitution of the 
United States, the people grant certain powers per- 
taining to the whole nation, to the United States Gov- 
ernment and deny certain other powers to the states. 
With these limitations the power of the people of a 
state is supreme and absolute and the state constitu- 
tion is the supreme law. None of its provisions can 
be contrary to the Constitution of the United States 
and no law passed by the legislature of a state is 
valid if it conflicts with the state constitution. 

Parts of the Constitution. — The Constitution of 
Colorado consists of a preamble, nineteen articles and 
a schedule. Each article treats of a separate topic, 
as; The Executive Department, Education, Militia, 
etc. In the schedule provision was made for the 
transfer from the territorial to the state government. 

Departments of government. — The Constitution 
provides for three departments of government; the 
Legislative, which makes the laws; the Executive, 
which carries the laws into effect; and the Judicial, 
which interprets and applies them. 

Municipal corporations. — The Constitution pro- 
vides for the establishment of divisions of the State, 
to which the control of local and minor affairs of 
government is given. These divisions are the county, 
school district, town and city. They receive the 
general name of municipal corporations. All the in- 
habitants in any one of these divisions are authorized 
to act in many respects as an individual. They can 
buy, hold and sell property, sue and be sued, make 
contracts, etc. They exercise such powers of govern- 
ment as are conferred upon them in the Constitution 
or by law. 



CIVIL GOVERNMENT OF COLORADO. 5 

Powers of government, how exercised.— The 

powers of the state and municipal governments are 
exercised through officers either elected by the people 
or appointed directly or indirectly by officers who are 
elected by the people. 



CHAPTER HI. 

PUBLIC OFFICERS. 

Official oath. — An officer, before entering upon the 
duties of his office, is required to take an oath to sup- 
port the Constitutions of the United States and of 
Colorado, and to faithfully perform the duties of his 
office. 

Official bonds.— Most public officers, especially 
those who have the handling, custody or disposition 
of public money, are required to furnish an official 
bond. This is a writing binding the officer and those 
signing the bond with him to pay the State or the 
municipality of which he is an officer a certain sum of 
money. Attached to this obligation is a condition 
that if the officer performs the duties of his office 
faithfully, pays over money coming into his hands 
and delivers the books, records, etc. of his office to his 
successor, the obligation shall be void. Persons sign- 
ing the bond with him are called his bondsmen, 
sureties or securities. 

Qualifying. — Furnishing the bond, if any is re- 
quired, and taking the oath, are called qualifying for 
the office. 

Contest. — The election of an officer may be con- 
tested, that is, disputed before a court or other tribu- 
nal, on the ground of ineligibility, fraud at the elec- 
tion, error in counting the votes, etc. 



6 CIVIL GOVERNMENT OF COLORADO. 

Term of office. — The term of office of all elected and 
most appointed officers is fixed in the Constitution or 
by law. Some appointed officers hold office during 
the pleasure of the officer or board that appoints 
them. With few exceptions, officers both elected and 
appointed hold office until their successors are chosen 
and have qualified. 

Pay of officers. — Some officers receive salaries 
from the public treasury, others are allowed to charge 
fees for their services. Many officers also receive 
mileage.* 

Vacancies. — Vacancies in appointive offices are 
filled by the appointing power. In elective offices 
vacancies are filled by appointment by some officer 
designated by law, the appointee holding only until 
the next regular election at which such officers are 
voted for, when the vacancy is filled by election. 
Special elections are held to fill vacancies in the 
offices of member of the General Assembly, Represen- 
tative in Congress and mayor of a city. A person 
elected to fill a vacancy holds office for the remainder 
of the unexpired term. 



CHAPTER IV. 

THE LEGISLATIVE DEPARTMENT. 

General Assembly. — The General Assembly of Col- 
orado is the body of men who are elected by the people 
of the State to make the laws. It consists of a Sen- 
ate and a House of Representatives. 

*Many officers formerly paid entirely by fees and receiving all the fees of their 
offices are now, by act of 1891, allowed a certain amount as salary, to be paid out 
of the fees collected by them. If the amount of fees is more than the salary fixed, 
the surplus is turned into the general fund. If the fees do not amount to this 
sum. the remainder is not made up to them. These officers are: District* Attorney, 
Deputy District Attorney, Clerk of the District Court, County Judge, his clerks, 
County Treasurer, Sheriff, County Clerk, Justices and Constables. 



CIVIL, GOVERNMENT OP COLORADO. 7 

Regular sessions. — The General Assembly meets 
in Denver on the first Wednesday of January of every 
odd-numbered year. The session of 1891 was the 
Eighth General Assembly. 

Special sessions. — When necessary, the Governor 
may call together the General Assembly or the Sen- 
ate alone, in special or extra session. 

Length of sessions. — The Constitution limits the 
sessions of the General Assembly to ninety days. 

Quorum. — In each house a- majority of the mem- 
bers makes a quorum, i. e. } the number authorized to 
do business. 

Journal. — Each house keeps a journal of its pro- 
ceedings and publishes it, except such parts as require 
secrecy. 

MEMBERS OF THE GENERAL ASSEMBLY. 

Qualifications. — To be eligible to the General 
Assembly, a person must be (1) twenty -five years of 
age, (2) a citizen of the United States, (3) a qualified 
voter and (4) a resident for twelve months preceding 
his election, of the county or district in which he is 
chosen. 

Election. — Members of the General Assembly are 
elected at the general election in even-numbered 
years. 

Terms. — Senators. are elected for four years, Rep- 
resentatives for two. Their terms begin on the first 
Wednesday of December after their election. 

Privilege from arrest. — Members of the General 
Assembly cannot be arrested during their attendance 
at the sessions of their respective houses, or in going 
to and returning from the same, except for ' ' treason, 



8 CIVIL GOVERNMENT OP COLORADO. 

felony, violation of their oath of office, and breach 
or surety of the peace". 

Freedom of speech. — " For any speech or debate 
in either house they shall not be questioned in any 
other place." That is, for words spoken in debate, 
members cannot be held to answer in a court, as in an 
action for slander. 

Disqualifications. — No member of the General 
Assembly can be appointed during his term to any 
civil office under the State. 

No officer of the United States or of this State 
(except attorney-at-law, notary public or in the mili- 
tia) can be a member of the General Assembly during 
his continuance in office. 

Vacancies. — When vacancies occur in either house, 
the Governor issues writs ordering special elections 
to fill them. 

Pay. — The pay of members of the General Assem- 
bly is seven dollars a day and fifteen cents mileage. 
This amount may be changed by law but no General 
Assembly can fix the pay of its own members. 

OFFICERS OF LEGISLATIVE BODIES. 

Legislative bodies in general have: — A presiding 
officer who preserves order, enforces the rules of the 
house and of parliamentary law, directs the business 
according to the order prescribed by the house, ap- 
points committees, etc., 

A secretary or chief clerk, with subordinates to 
keep the records, read the bills, call the roll, etc., 

A sergeant- at- arms, who is the executive or police 
officer of the house, 

A door-keeper, with assistants to permit only cer- 
tain persons to pass through the doors, 



CIVIL GOVERNMENT OF COLORADO. 9 

A chaplain to conduct the religious exercises, 
And pages to do errands for members and officers. 

PARLIAMENTARY LAW. 

The system of government under which English- 
speaking people live makes necessary frequent meet- 
ings of men for legislation or consultation. A set of 
rules to govern such meetings is necessary. The 
practices of the English Parliament were taken as a 
basis and have grown into an extensive and intricate 
system of rules, known as parliamentary law. Every 
assembly is understood to have a right to make its 
own rules, but when it does not, the common parlia- 
mentary law governs, not from any legal force, but 
from common consent and from the necessity of 
having some kind of rules. The principal book of 
reference in the United States on parliamentary law 
is Jefferson's Manual of Parliamentary Practice, 
which is adopted by our State Senate as authority. 
The House of Representatives uses Cushing's Manual, 
a shorter work. 

COMMITTEES. 

Definition. — A committee of a legislative house is 
one or more of its members, elected or appointed to 
consider and report upon a particular piece or class 
of business. 

Standing committees. — Standing committees are 
such as are chosen at the beginning of a session and 
continue during the whole session to consider and re- 
port upon all business referred to them. 

Select committees. — Committees appointed tem- 
porarily to consider one piece of business are called 
select or special committees. They are usually dis- 
charged, i. e., cease to be committees, when they have 
reported upon the business referred to them. 



10 CIVIL GOVERNMENT OF COLORADO. 

THE SENATE. 

Senatorial districts. — The State is divided into 
twenty-eight senatorial districts in which are elected 
thirty-five senators.* No county can be divided in 
forming senatorial districts. 

Rotation. — It is so arranged that the terms of half 
the senators expire and successors are elected every 
even-numbered year. The term being four years, 
one-half the senators of any General Assembly were 
members of the preceding General Assembly and 
one-half will be members of the next one. 

Confirming power. — Many offices are filled by 
appointment by the Governor with the consent of the 
Senate. The Governor, having selected a person to 
fill such an office, sends a message to the Senate 
announcing the nomination. If a majority of the 
Senate vote for the nomination it is confirmed. If it 
does not get a majority vote, the Governor must 
make another appointment. If a vacancy occurs in 
such an office when the Senate is not in session, the 
Governor appoints a person to fill it, who holds the 
office only until the next session of the Senate, when 
the vacancy must be filled as above. 

Presiding officer. — The Lieutenant-Governor is 
presiding officer of the Senate. He votes only when 
the Senate is equally divided. 

*The Constitution fixed fortv-nine as the number of members of the House of 
Representatives and twenty-six as the number of senators, but provided that the 
number might be increased by law to one hundred. This was done in 1891. 

The senatorial districts are: First, Arapahoe Co., 6 senators ; second, Pueblo 
Co. ,2; third, Douglas and El Paso Co's, 2; fourth, Las Animas Co., 1; fifth, Boulder 
Co., 1; sixth, Lake Co., 1; seventh. Weld Co., 1; eighth, Jefferson Co., 1; ninth, 
Fremont Co., 1; tenth, Larimer Co., 1; eleventh,. Pitkin Co., 1; twelfth, Clear 
Creek Co., 1; thirteenth, Rio Blanco, Routt, Grand and Summit Co's, 1; four- 
teenth, Costilla, Huerfano and Custer Co's, 1; fifteenth, Saguache, Rio Grande 
and Hinsdale Co's, 1; sixteenth, Gunnison, Delta and Mesa Co's, 1; seventeenth, 
Montrose, San Miguel and Dolores Co's, 1; eighteenth, Ouray and San Juan Co's, 
1; nineteenth. La Plata and Montezuma Co's, 1; twentieth, Chaffee and Park Co's, 
1; twenty-first, Garfield and Eagle Co's, 1; twenty-second, Cheyenne, Lincoln, 
Kit Carson, Elbert and Arapahoe Co's, 1; twenty-third, Otero, Kiowa, Bent, 
Prowers and Baca Co's, 1; twenty-fourth, Archuleta and Conejos Co's, 1; twenty- 
fifth, Sedgwick, Morgan, Logan, Washington and Yuma Co's, 1; twenty-sixth, 
Gilpin Co., 1; twenty-seventh, Pueblo and Huerfano Co's, 1; twenty-eighth, Park 
and Lake Co's, 1. 



CIVIL GOVERNMENT OF COLORADO. 11 

President pro tempore. — On the first and last 
days of each session the Senate elects one of its mem- 
bers President pro tempore He presides when the 
Lieutenant-Governor is absent. He votes as a member- 
Committees, how chosen. — The Senate elects its 
standing committees. The presiding officer appoints 
all other committees, unless the Senate orders other- 
wise. 

THE HOUSE OF REPRESENTATIVES. 

Apportionment. — The sixty-five representatives 
are apportioned among the counties of the State.* In 
this apportionment no county can be divided. 

Revenue bills. — All bills for raising revenue must 
originate in the House of Representatives. 

Speaker of the House. — The presiding officer of 
the House is called the Speaker. He is elected by 
the House from among its members and votes as a 
member. 

POWERS AND DUTIES OF THE GENERAL ASSEMBLY. 

The principal duty of the General Assembly is to 
make laws. Besides this it (1) impeaches state offi- 
cers. (2) elects United States Senators and (3) can- 
vasses the votes for the officers of the executive 
department and tries contests of the election of such 
officers. 

LEGISLATION. 

Object of laws. — It is the duty of the General 
Assembly to make such laws as are necessary to the 

*The representatives are apportioned among the counties of the State as fol- 
lows: Arapahoe. 13: Pueblo. 4: El Paso, 3; Boulder, 3: Lake, Las Animas and 
Weld, 2 each; Fremont, Chaffee. Clear Creek, Costilla, Conejos, Custer, Douglas, 
Eagle, Garfield, Gilpin. Gunnison, Huerfano, Jefferson, La Plata, Larimer. Mesa, 
Otero, Ouray, Park, Pitkin, Rio Grande, Saguache, San Miguel, 1 each; Conejos 
and Archuleta, jointly 1 : Hinsdale and San Juan, jointly 1: Kiowa, Baca and 
Prowers, jointly 1; Las Animas and Bent, jointly 1; Dolores and Montezuma, 
jointly 1; Routt and Rio Blanco, jointly 1; Yuma, Morgan and Washington, 
jointly 1; Logan, Sedgwick and Phillips, jointly 1; Grand and Summit, jointly 1; 
Fremont and Chaffee, jointly 1: Kit Carson and Cheyenne, jointly 1; Elbert and 
Lincoln, jointly 1; Montrose and Delta, jointly 1. 



12 CIVIL GOVERNMENT OP COLORADO. 

welfare of the people, such as: laws levying the 
necessary taxes, making appropriations of public 
money, regulating the government of municipal cor- 
porations, and the proceedings of courts; securing the 
rights of persons and property, preserving the public 
health and safety, etc. 

Restrictions on legislation. — Besides the restric- 
tions on state legislation contained in the Constitution 
of the United States, the State Constitution prohibits 
the passing of local and special laws in many cases 
enumerated in the Constitution and in all cases in 
which a general law can be made applicable. For 
instance, the General Assembly cannot pass a law 
removing the county seat of a certain county. The 
law on the subject must be a general one, under the 
provisions of which the county seat of any county 
may be removed. 

METHOD OF PASSING BILLS. 

Bill defined. — A bill is the form of a law proposed 
to a legislative assembly. 

Restrictions on passage. — The Constitution con- 
tains the following restrictions on the passage of bills. 

1. No bill except the general appropriation bill 
can become a law unless introduced during the first 
thirty days of the session. 

2. No bill can become a law unless referred to a 
committee, returned therefrom and printed for the 
use of the members. 

3. It must pertain to but one subject, which must 
be set forth in its title. 

4. It must be read at length on two different days 
in each house. 

5. A majority vote of all the members elected to 
each house is required to pass a bill. The final vote 



CIVIL GOVERNMENT OF COLORADO. 13 

must be taken by ayes and noes, and the names of 
those voting for and against it must be entered on the 
journal. 

6. When passed it must be signed by the presiding 
officers in the presence of their respective houses. 

Governor's action.— It is then sent to the Gover- 
nor. If he approves it, he signs it and it becomes a 
law. 

If the Governor disapproves of a bill, he vetoes it, 
i. e., returns it to the house in which it originated, 
with his objections in writing. The bill is recon- 
sidered by this house and if two-thirds of the mem- 
bers elected, vote for it, it is sent to the other house. 
If it there gets a like majority, it becomes a law with- 
out the Governor's signature. 

If the Governor does not return the bill within ten 
days, it becomes a law without his signature, unless 
the General Assembly adjourns meanwhile, in which 
case the Governor must file the bill and his objections 
to it with the Secretary of State within thirty days 
after adjournment; otherwise it becomes a law. 

Emergency clause. — No law takes effect until 
ninety days after its passage except in case of emer- 
gency. There must be a clause in the bill stating the 
emergency. This clause is voted on separately and 
requires a two-thirds majority. 

PUBLICATION OP LAWS. 

The laws of the State of Colorado have been twice 
collected at public expense and published in one vol- 
ume. The last publication was in 1883, under the 
title of ;i The General Statutes of the State of Colo- 
rado". The volume contains also the Constitutions 
of the United States and of Colorado, the Declara- 
tion of Independence, the Enabling Act and the Proc- 
lamation of Admission. 



14 CIVIL GOVERNMENT OF COLORADO. 

The laws of each session of the General Assembly 
are printed in a separate volume. These, as well as 
the General Statutes, are distributed free to state, dis- 
trict, county and precinct officers. 

CHANGES IN THE CONSTITUTION. 

Revision. — Section I of Article XIX of the Consti- 
tution provides a method of calling a convention to 
• 'revise, alter and amend*' the Constitution. No such 
convention has ever been held. 

Amendment. — Amendments to the Constitution 
may be proposed by a law requiring a two-thirds vote 
of each house of the General Assembly. The Secre- 
tary of State publishes such proposed amendments in 
each county for three months preceding the next gen- 
eral election at which members of the General 
Assembly are elected, and they are voted on at such 
election. If they receive a majority of the votes cast, 
they become a part of the Constitution. The General 
Assembly cannot propose amendments to more than 
one article of the Constitution at the same session. 

CENSUS AND APPORTIONMENT. 

State census. — The General Assembly is required 
by the Constitution to provide by law for a census of 
the inhabitants of the State in the year 1885 and 
every tenth year thereafter. 

National census. — The National census is taken 
in years whose numbers end with 0. 

Apportionment.— At the session following each 
state and national census, the General Assembly is 
required to apportion anew the senators and repre- 
sentatives among the people and counties of the 
State. 

IMPEACHMENT. 

State officers may be impeached. The House of 
Representatives impeaches, or accuses; the Senate 



CIVIL GOVERNMENT OF COLORADO. 15 

tries the case; the punishment is removal from office 
and disqualification for holding office. No case of 
impeachment has yet occured. See Article XIII of 
the Constitution. 

ELECTION OF UNITED STATES SENATORS. 

The General Assembly elects the two representa- 
tives of the State in the Senate of the United States. 

Provisions of the U. S. Constitution. — The Con- 
stitution of the United States leaves the regulation of 
the times, places and manner of holding elections for 
United States senators in the several states, to the 
legislatures of the states, but provides that Congress 
may make or alter such regulations, except as to the 
place of electing senators. 

U. S, law. — Congress has provided that the legis- 
lature of a state at the session next preceding the 
expiration of the term of a United States senator, 
shall elect a successor as follows: On the second 
Tuesday after organization, each house votes 
separately by a viva voce vote for a senator.* The 
name of the person receiving a majority of the votes 
given is entered on the journal. And if no person 
receives a majority, that fact is entered on the journal. 
The next day at noon the houses meet in joint con- 
vention and the journals are read. If no person has 
received a majority of the votes of both houses, the 
joint convention votes viva voce for a senator, and 
continues to meet for this purpose at noon of each 
succeeding day of the session until a senator is elected. 

Vacancy. — If a vacancy occurs in the office of 
United States senator when the General Assembly is 
not in session, the Governor appoints a person to fill 

"Viva voce, by the living voice. A viva voce vote is taken by calling the roll, 
each member responding when his name is called. When a senator is voted for, 
each member responds by naming the person for whom he votes. 



16 CIVIL GOVERNMENT OF COLORADO. 

it until the next session of the General Assembly, 
when a senator is elected as above. 

CANVASS OF VOTES FOR EXECUTIVE OFFICERS. 

The abstracts of the votes cast for state executive 
officers in the various counties, are sent by the county 
clerks to the Secretary of State, directed to the 
Speaker of the House of Representatives. After the 
organization of the House, the Secretary of State 
delivers these returns to the Speaker. They are 
opened and read in the presence of both houses of 
the General Assembly and the persons having the 
highest number of votes for the offices respectively 
are declared elected thereto. 

Contests. — The General Assembly in joint session 
tries contested elections of state executive officers. 



CHAPTER V. 

THE EXECUTIVE DEPARTMENT. 

Officers.— The executive department of the state 
government consists of the Governor, Lieutenant- 
Governor, Secretary of State, State Treasurer. State 
Auditor, Superintendent of Public Instruction and 
Attorney - General. 

Election. — These officers are elected at. the general 
election in even -numbered years. 

Term. — The term of the executive officers is two 
years, beginning the second Tuesday in January after 
their election. 

Qualifications. — To be eligible to these offices a per- 
son must be (1) a qualified elector, (2) a citizen of the 
United States and (3) must have resided in the State 
two years next preceding his election. No person 
can become Governor, Lieutenant-Governor or Super- 



CIVIL GOVERNMENT OP COLORADO. 17 

intendent of Public Instruction unless thirty years of 
age; nor Auditor, Treasurer or Secretary of State 
unless twenty-live years of age; nor Attorney -General 
unless twenty -five years of age and a licensed attorney. 

Neither Treasurer nor Auditor can be elected as 
his own immediate successor. 

Vacancies. — If the office of Secretary of State, 
Auditor, Treasurer, Attorney- General or Superinten- 
dent of Public Instruction becomes vacant, the Gov- 
ernor appoints a person to fill the vacancy. 

THE GOVERNOR. 

Supreme executive. — The supreme executive power 
of the State is vested in the Governor. The Consti- 
tution provides that he "shall take care that the laws 
be faithfully executed". 

Commander-in-Chief of militia. — The Governor is 
Commander-in-Chief of the militia of the State except 
when it is called into the actual service of the United 
States. He has power to call out the militia to 
execute the laws, suppress insurrection or repel 
invasion. He signs all commissions issued to officers 
of the militia. 

Appointing power. — The Governor appoints many 
of the officers of the state government. Most of 
these appointments must be confirmed by the Senate. 

Removing power. — The Governor may remove 
from office any officer appointed by him either with 
or without the consent of the Senate, for "incom- 
petency, neglect of duty or malfeasance in office''. 

Pardoning power. — The Governor has power to 
grant reprieves and pardons for all offenses after con- 
viction, except treason and except in cases of impeach- 
ment. 

Legislative powers. — The Governor's veto power 
and power to convene the General Assembly have 



18 CIVIL GOVERNMENT OP COLORADO. 

been mentioned. The Governor also has power to 
adjourn the General Assembly if the two houses dis- 
agree as to the time of adjournment. 

Message. — It is the duty of the Governor to send 
to the General Assembly, at the beginning of every 
session and from time to time, messages giving infor- 
mation of the condition of the State and recommend- 
ing legislative measures. He presents also an esti- 
mate of the amount of money required to be raised 
by taxation for state purposes. 

Other powers. — When arson or murder has been 
committed, the Governor has power to offer rewards 
for the criminals. He issues warrants for the arrest 
and delivery of criminals from other states or terri- 
tories. He has power to examine the books of the 
State Treasurer or Auditor, to demand information of 
the officers of the executive department or of state 
institutions, and to employ counsel on behalf of the 
State. He commissions officers appointed by him, 
signs state ]and patents, is a member of state 
boards, etc. 

Vacancy. — If the office of Governor becomes vacant, 
the Lieutenant-Governor becomes Governor. If a 
vacancy then occur, the president pro tempore of the 
Senate succeeds to the office and after him the 
Speaker of 'the House of Representatives. 

Salary. — The salary of the Governor is 85, 000 a year. 

LIEUTENANT-GOVERNOR. 

The Lieutenant-Governor presides over the Senate 
and becomes Governor in case of a vacancy in that 
office. His salary is §1,000 per year. 

SECRETARY OF STATE. 

Duties. — Some of the important duties of the Sec- * 
retary of State are : 



CIVIL GOVERNMENT OF COLORADO. 19 

1. To keep the laws passed by the General Assem- 
bly. 

2. To keep the great seal of the State, which can 
be lawfully affixed by no other person, 

3. To record in his office, public papers, maps, 
bonds, trade-marks or manufacturers' brands, com- 
missions issued by the Governor, certificates of incor- 
poration, etc., 

4. To notify county clerks of general elections 
and the state and national officers to be voted for 
thereat and the names of nominees certified to him, 
receive and transmit election returns and issue cer- 
tificates of election upon the statement of the State 
Board of Canvassers. 

Salary. — The salary of the Secretary of State is 
83,000 per year. 

STATE TREASURER. 

Duties. — The most important duties of the State 
Treasurer are: 

1. To receive and keep money belonging to the 
State, and pay it out upon the warrant of the State 
Auditor and otherwise, as provided by law, 

2. To countersign and keep a record of all war- 
rants issued by the State Auditor, 

3. To make the Auditor a daily report of the 
money paid out, and a monthly report of money 
received and paid out and warrants registered. 

Bond. — The State Treasurer gives a bond of 
si. 000.000. 

Salary. — His salary is 86,000 a year. 

STATE AUDITOR. 

Duties. — The Auditor is general accountant of the 
State. 



20 CIVIL GOVERNMENT OF COLORADO. 

1. He examines claims against the State, and if a 
claim is good and there is an appropriation for the 
purpose, he issues a warrant on the Treasurer for 
the amount. 

2. He issues to insurance companies certificates of 
authority to do business, and has power to examine 
their officers under oath and their books, and to revoke 
their certificates if he finds their affairs in an unsound 
condition. 

Salary. — His salary is 82. 500 a year. 

SUPERINTENDENT OP PUBLIC INSTRUCTION. 

Duties. — The important duties of the State Super- 
intendent are; 

1. To furnish to county superintendents of schools 
lists of questions to be used in "the examinations of 
teachers, 

2. By visiting the various counties, making public 
addresses, etc., to awaken an interest in. and improve 
the condition of, the public schools of the State. 

3. To furnish decisions on points of school law, 
which are final until set aside by a court or by legis- 
lation, 

4. To apportion the income of the state school 
fund among the counties. 

Salary. — His salary is 83,000 a year. 

ATTORNEY-GENERAL. 

Duties. — The principal duties of the Attorney- 
General are: 

1. To appear for the State and the executive 
departments in legal actions, 

2. To give written opinions on points of law at the 
request of the General Assembly, Governor or other 
exective officer. 

Salary. — His salary is 83.000 a year. 



CIVIL GOVERNMENT OF COLORADO. 21 

STATE BOARD OF CANVASSERS.* 

Duties. — This board meets after every election at 
which state and national officers are elected, examines 
the returns made by the county clerks, makes a 
statement therefrom of the number of votes given 
each candidate, determines which persons have been 
elected, certifies this statement and determination 
and delivers it to the Secretary of State. This board 
does not canvass the vote for executive officers. 

STATE BOARD OF EDUCATION. 

Powers.— This Board has power: 

1. To make regulations not inconsistent with law, 
for the government of the public schools. 

2. To grant, upon examination or after five years 
eminent service in the educational work of the State, 
state diplomas, entitling the holder to teach in any 
public school in the State without further examina- 
tion, (A state diploma is good for the life of the 
holder, but may be revoked by the State Board of 
Education.) 

3. To hear appeals from the decisions of county 
superintendents. Its decisions are final. 

STATE BOARD OF EQUALIZATION. 

Assessments.— This board assesses the railroad, 
telegraph and telephone lines of the State, sending 
to each county clerk a statement of the valuation of 
the parts of such lines lying in his county. 

Equalization. — If a comparison of the values at 
which similar property is assessed in different counties 

*The officers composing these boards are as follows; 

State Board of Canvassers.— Governor, Secretary of State, Treasurer. Auditor 
and Attorney-General. 

State Board of Education. — Superintendent of Public Instruction. Secretary 
of State and Attorney-General. 

State Board of Equalization .—Governor. Secretary of State, Treasurer, Audi- 
tor and Attorney-General. 

State Board of Land Commissioners. — Governor. Secretary of State, Superin- 
tendendent of Public Instruction and Attorney-General. 



22 CIVIL GOVERNMENT OF COLORADO. 

shows that some counties are paying more than their 
just proportion of state tax, this board equalizes the 
assessment by increasing or decreasing the valuations 
in the several counties. The total valuation for 
the State, as returned by the assessors, cannot be 
decreased by this board. 

STATE BOARD OP LAND COMMISSIONERS. 

Powers. — This board has general control of the 
lands belonging to the State; locates and selects 
grants of land, keeps maps, plats and records of the 
same, and has power to lease state lands or direct 
their sale. 

THE STATE MILITIA. 

Of whom composed. — Every able-bodied male citi- 
zen of Colorado and those who have declared their 
intention to become citizens of the United States, 
between the ages of eighteen and forty-five, unless 
exempt by law, is liable to military duty.* 

By whom called out. — The Governer has power 
to call out the militia to execute the laws, suppress 
insurrection or repel invasion. 

In case of a riot or mob or forcible resistance to 
the law which the civil authorities are unable to sup- 
press, the sheriff may call out the militia. 

Colorado National Guard. — Military organizations 
are kept up in many towns in the State. These are 
armed and equipped by the State. They are together 
known as the Colorado National Guard and are called 

*The classes of persons named below are exempt from miltary duty: 
Persons in the army and navy of the United States and those who have been 
honorably discharged therefrom; persons who have served five years in the organ- 
ized militia; members of fire and police departments and those who have served a 
full term as firemen; persons physically disqualified, idiots, lunatics, convicts, 
justices, clerks of courts, county clerks, sheriffs, ministers and members of 
churches which prohibit military service; physicians, officers of hospitals, prisons 
and jails; railway conductors and engineers. 

Ministers, judges, state and county officers, and teachers in institutions or 
the public schools are exempt except in case of war, insurrection or rebellion. 



CIVIL GOVERNMENT OF COLORADO. 23 

out before the unorganized militia. These companies 
are required by law to drill and to hold an annual 
encampment of a week. 

Pay. — Members of the organized militia receive 
pay when called into actual service and during the 
annual encampment. 

Military fund. — The expense of the militia is met 
by an annual poll-tax of one dollar, the proceeds of 
which make up the military fund. 

APPOINTED OFFICERS. 

The following named officers are the principal 
ones appointed by the Governor. Those marked with 
a dagger must be confirmed by the Senate. The 
others are appointed by the Governor alone. 

Reports. — Most of these officers make annual or 
biennial reports to the Governor, some of which are 
printed for free distribution. 

Adjutant-General. — The Adjutant-General is the 
officer through whom the Governor, as Commander-in- 
Chief, communicates with the militia. He has the 
care of the military property of the State and makes 
an annual report of the militia to the Governor and to 
the President of the United States. 

Inspector-General. — The Inspector- General in- 
spects each military organization in the State, the 
arms, armories, etc., at least once a year. He is pay- 
master of the militia. 

Water commissioners. — The irrigated lands of 
the State are divided by law into water districts, for 
each of which the Governor appoints a w T ater commis- 
sioner from among persons recommended to him by 
the county commissioners of the county or counties in 
which such district lies. 

The principal duty of the water commissioner is to 
divide the water among the ditches according to 



24 CIVIL GOVERNMENT OP COLORADO. 

priority of right. He has power to arrest persons 
violating his orders in regard to the use of water for 
irrigation. 

The pay of water commissioners is five dollars a 
day for time actually employed. 

Superintendents of irrigation. — The water districts 
are grouped into water divisions,* for each of which 
a superintendent of irrigation is appointed, if the 
county commissioners of any county in the division so 
request. He has general supervision over the water 
commissioners in his division and sees that the laws 
regarding the distribution of water are complied with. 

State Engineer. — The State Engineer has general 
supervision over superintendents of irrigation and 
water commissioners. It is his duty to measure the 
amount of water flowing in streams from which water 
is taken for irrigation. 

He is designated by law to do the engineering 
work in which the State is interested, such as, the 
location of state ditches, roads, reservoirs and bridges; 
he is a member of the boards having charge of their 
construction and inspects them after completion. 

Fish Commissioner.! — The Fish Commissioner has 
the supervision of all fish cultural matters of the 
State, receives and distributes eggs and young fish, 
appoints a superintendent of the state hatcheries, etc. 

He is State Game and Fish Warden and as such 
sees that the game and fish laws are enforced, appoint- 
ing district wardens and assistants. 

Forest Commissioner.f — The Forest Commis- 
sioner has the care of the woodlands of the State; en- 

*These divisions are the South Platte Division, Arkansas Division, Rio Grande 
Division, San Juan Division, Grand River Division and Green River Division. 
They are numbered from one to six in the above order and each is composed of 
the lands irrigated from the river from which it is named. The first and second 
divisions include some other streams with the South Platte and Arkansas. 



CIVIL GOVERNMENT OF COLORADO. 25 

courages the planting of trees, the preservation of 
the forests, etc. 

Coal Mine Inspector. — The Coal Mine Inspector 
inspects each coal mine in the State employing more 
than ten men, once every three months and sees that 
the law regarding coal mines is observed. 

State Veterinary Surgeon.! — This officer investi- 
gates diseases of stock, prescribes remedies and pre- 
cautions to prevent the spreading of such diseases 
and carries out the regulations of the State Veterinary 
Sanitary Board. 

Steam Boiler Inspector.! — It is the duty of this 
officer personally or by deputy to inspect once a year 
all steam boilers in the State, except in cities having 
boiler inspectors. Finding a boiler safe, he issues a 
certificate to that effect good for one year. Boilers 
condemned by him cannot be used. 

State Board of Medical Examiners. — This board 
consists of nine physicians. It issues certificates 
entitling the holders to practice medicine in the State, 
to persons having diplomas from medical colleges, to 
persons who furnish evidence of having practiced for 
ten years and to others whom by examination it finds 
qualified. 

State Board of Pharmacy. — This board examines 
and grants certificates to pharmacists and licentiates 
in pharmacy. It is unlawful for any person to keep 
a store where drugs and medicines are retailed or 
compounded, except he hold, or employ some person 
in charge of such store who does hold, a certificate 
from this board. 

State Veterinary Sanitary Board.f — This board 
takes measures to prevent the introduction and spread 
of infectious and contagious diseases among stock, 
appoints county sheep inspectors, adopts quarantine 



26 CIVIL GOVERNMENT OP COLORADO. 

regulations against diseases of stock and may order 
diseased stock to be killed. 

Board of Inspection Commissioners. — This board 
appoints and stations cattle inspectors to prevent the 
illegal slaughtering or shipping of cattle, makes rules 
for their government and furnishes them with lists of 
brands. The inspectors are paid out of an inspection 
fund which is supplied by an annual inspection tax of 
one -fifteenth of one mill on the dollar on all taxable 
property in the State. 

State Board of Dental Examiners.! — A State Board 
of Dental Examiners consisting of five members, 
issues to those whom by examination it finds qualified, 
licenses permitting them to practice dentistry. 

State Board of Charities and Corrections.! — This 
board consists of the Governor and six other mem- 
bers appointed by him. This board has power to 
investigate the management of all jails, penitentia- 
ries, reformatories, reform schools, infirmaries, hos- 
pitals and asylums, which derive their support wholly 
or in part from state, county or municipal appropria- 
tions. All plans for buildings for such institutions 
must be approved by this board. 

Notaries public. — One or more notaries public are 
appointed in each county. They take acknowledg- 
ments and depositions, administer oaths, etc. They 
are paid by fees. 



CHAPTER VI. 

THE JUDICIAL DEPARTMENT. 

Courts of the State. — The judicial power of the 
State is vested in justices of the peace, county courts, 
district courts, a Supreme Court and "such other 
courts as may be provided by law". The other courts 



CIVIL GOVERNMENT OF COLORADO. 27 

that have been provided are police courts and the 
Court of Appeals. 

Clerks of courts. — Each of these courts except jus- 
tices' courts and police courts in cities of less than 
-5.000 inhabitants, has a clerk appointed by the judge 
and holding during his pleasure. The duties of the 
clerk are to keep the records, file papers, keep and 
affix the seal of the court, administer oaths, etc. 

Executive officers. — The sheriff is executive officer 
of the county and district courts. He or his deputy 
opens and closes them, keeps order in the court room, 
serves papers issued from them, has charge of juries 
and prisoners, etc. Constables perform like duties in 
justices' courts and the marshal or a policeman in 
police courts. The Supreme Court and Court of 
Appeals each appoints its own executive officer called 
a bailiff. 

THE SUPREME COURT. 

The highest legal tribunal in the State is the 
Supreme Court. 

Supreme judges. — The Supreme Court consists of 
three judges. One j»dge is elected every three years 
for a term of nine years. 

Qualifications. — A supreme judge must be, (1) 
learned in the law, (2) thirty years of age, (3) a citizen 
of the United States and (-i) a resident of the State 
for two years preceding his election. 

Chief- Justice. — The judge having the shortest 
term to serve, unless chosen to fill a vacancy, is 
Chief- Justice. 

Vacancy. — When a vacancy occurs on the supreme 
bench, the Governor appoints a person to fill it. 
Salary. — Supreme judges receive §5.000 a year. 
Terms of Supreme Court. — Three terms of the 



28 CIVIL GOVERNMENT OF COLORADO. 

Supreme Court are held every year in Denver. The 
court may provide for the holding of special terms. 

Jurisdiction. — The Supreme Court has power to 
issue, hear and determine writs of habeas corpus, man- 
damus, injunction, etc. It has original jurisdiction in 
proceedings instituted to contest the election of any 
person to the office of supreme, district or county 
judge. With these exceptions it has appellate juris- 
diction only. Appeals lie to the Supreme Court in all 
cases in w r hich the amount in controversy is more 
than $2, 500, or (2) which involve the construction of 
a provision of the State Constitution or that of the 
United States, or (3) which relate to a franchise or 
freehold, or (4) cases brought up from the county 
court on writs of error. The Supreme Court exer- 
cises general superintending control over all inferior 
courts. . 

Licensing attorneys. — The Supreme Court appoints 
a committee of three lawyers in each judicial district 
to examine applicants for licenses to practice law. 
Finding the applicant qualified, they certify the fact 
to the Supreme Court which issues the license. The 
clerk keeps a record of the attorneys of the State, 
from which the Supreme Court may strike attorneys' 
names for malconduct in office. 

Constitutionality of bills. — When there is a doubt 
as to the constitutionality of a bill, the Supreme Court 
is required to give its opinion on the subject when 
called upon by the Governor, Senate or House of 
Representatives. 

Supreme court reports. — The decisions of the 
Supreme Court are very important because they 
determine finally the meaning and constitutionality of 
laws. They are therefore printed and offered for 



CIVIL, GOVERNMENT OF COLORADO. 29 

sale. All courts of record in the State are supplied 
with these reports by the State. 

THE COURT OP APPEALS. 

Judges. — The Court of Appeals consists of three 
judges, appointed one every two years by the Gov- 
ernor with the consent of the Senate. They serve 
six years. They must have the same qualifications 
as judges of the Supreme Court and receive the same 
salary. 

Jurisdiction. — 1. This court has power to review 
the final judgments of inferior courts of record in all 
civil cases and in all criminal cases not capital. 

2. It has final jurisdiction when the amount 
involved is 82,500 or less. 

3. It has jurisdiction not final, when a franchise, 
freehold or construction of the State or U. S. Consti- 
tution is involved, in criminal cases and of writs of 
error from the county court. 

THE DISTRICT COURT. 

Judicial districts. — The State is divided by law 
into judicial districts, in each of which one or more 
judges are elected for terms of six years and a district 
attorney for three years. * 

Qualifications of district judge. — The district judge 
must be (1) learned in the law, (2) thirty years of 
age, (3) a citizen of the United States, (4) a resident 
in the State for two years and (5) an elector in the 
district for which he is chosen. 

*At present there are thirteen judicial districts. 1. Clear Creek, Gilpin, Jefferson 
and Grand Counties. 2. Arapahoe Co.. five judges. 3. Las Animas, Huerfano, 
Prowers, Bent, Baca and Kiowa. 4. Douglas, Elbert, El Paso, Cheyenne, Lincoln 
and Kit Carson. 5. Lake, Summit and Eagle. 6. La Plata, San Jaun, Archuleta, 
Dolores and Montezuma. 7. Delta, Mesa, Montrose, Gunnison, Ouray, San 
, Miguel and Hinsdale. 8. Boulder, Weld, Larimer and Morgan. 9. Pitkin, Gar- 
field, Routt and Rio Blanco. 10. Pueblo and Otero. 11. Fremont, Chaffee, Cus- 
ter and Park. 12. Conejos, Rio Grande, Saguache and Costilla, 13. Washington, 
Yuma, Sedgwick, Phillips and Logan. 



30 CIVIL GOVERNMENT OP COLORADO. 

Vacancy. — Vacancies in the office of district judge 
are filled by appointment by the Governor. 

Salary. — The salary of the district judge is $4,000 
a year. 

Qualifications of district attorney. — The district 
attorney must be twenty-five years of age and have 
the other qualifications. of district judge. 

His duties. — The district attorney is the attorney 
for the people in all criminal suits in the district 
courts of his district, and appears for the State or 
any county of his district in all other matters before 
the district court. He appears at all inquests held in 
his district and in preliminary examinations when 
felony is charged. He may also prosecute misde- 
meanor cases upon information before the county 
court. 

Vacancy. — When a vacancy occurs in the office of 
district attorney, the district judge appoints an attor- 
ney to fill it. 

Clerk of the district court. — The district judge 
appoints a clerk of the district court in each county 
of his district. 

Terms of district court. — At least one term of dis- 
trict court is held in each county every year.* Special 
terms may be held when the judge deems it necessary. 

Original jurisdiction. — The district court has orig- 
inal jurisdiction in all matters both civil and criminal. 
It has exclusive original jurisdiction of capital crimi- 
nal cases. 

Appellate jurisdiction.— An appeal may be taken 
to the district court from any final judgment of the 
county court including probate matters, except judg- 

* Sometimes a county is attached to another county for judicial purposes, in 
which case no district court is held in the attached county. Kiowa County is the 
only one now so attached. It is attached to Prowers County. 



CIVIL GOVERNMENT OF COLORADO. 31 

ments by confession and except in cases appealed 
from a justice. 

Change of venue. — Changes of venue may be taken 
from the district court to the district court of another 
district or county. 

Selection of jurors. — Jurors are chosen by lot by 
the clerk of the district court from lists furnished by 
the county commissioners. They are summoned by 
the sheriff and are obliged to serve unless excused by 
the judge. 

Grand jury.— The grand jury consists of twelve 
men. They hear evidence against accused persons 
and if nine of them deem it sufficient they advise the 
court in a paper called an indictment to put the 
accused on trial. The grand jury is advised by the 
district attorney, hears no evidence in defence and its 
sessions are secret. Grand juries are called only 
when ordered by the judge. 

Petit jury. — A petit jury usually consists of twelve 
men. Their duty is to hear the evidence on both sides 
of the cases presented to them and decide the cases 
according to the evidence and the instructions of the 
court. The judge explains the law to them. Their 
decision is called a verdict and requires the consent 
of every juror. The judge may dispense with the 
petit jury at any term of court if the business does 
not require one. 

Who are competent jurors. — "All male inhabitants 
of this State of the age of twenty-one years, who are 
citizens of the United States or have declared their 
intention to become such citizens, and who have not 
been convicted of felony shall be competent to serve 



32 CIVIL GOVERNMENT OP COLORADO. 

as grand and petit jurors." Many persons are ex- 
empt by law from jury duty.* 

Challenge of juror. — Each party to a suit has a 
right to reject a certain number of jurors. When this 
is done without assigning any reason, it is called a 
'peremptory challenge'. The number of such chal- 
lenges is limited. When objection is made to a juror 
on the ground that he is not qualified or is not a fit 
person to be a juror in the case, for instance, because 
of relationship to either party or of interest in the 
result of the suit, it is called a 'challenge for cause.' 
There is no limit to the number of challenges for 
cause. 

Fees of jurors and witnesses. — In all courts jurors 
and witnesses receive pay for their services and mile- 
age. 

THE COUNTY COURT. 

A county court is established in each county. 
It is held at the county seat and is presided over by 
the county judge. 

County judge. — The judge must have the qualifica- 
tions of county officers. He is elected by the voters 
of the county for a term of three years. 

Original jurisdiction. — The county court has orig- 
inal jurisdiction (1) in all matters of probate, that is, 
proof of wills, settlement of the estates of deceased 
persons, appointment of guardians, conservators and 
administrators and the settlement of their accounts, 
(2) in other civil cases including divorce matters when 
the amount involved does not exceed $2,000, (3) in 
misdemeanor cases and (-1) in contested elections of 
county, town and precinct officers. 

*Among those exempt are: county and state officers, judges and clerks of 
courts, justices and constables, attorneys, persons over sixty, active members ot 
fire companies, those who have been active members of fire companies for five 
years, members of the Colorado National Guard and those who have served five 
years in the organized militia, engineers, conductors and superintendents on rail- 
roads, pharmacists and persons who have served as regular jurors within a year. 



CIVIL GOVERNMENT OP COLORADO. 33 

Appellate jurisdiction. — Cases may be appealed 
from justices' and police courts to the county court. 

Jury. — In any suit before the county court either 
party may have a jury summoned of any number from 
three to twelve. The law provides that jurors for 
the county court shall be drawn by the clerk of the 
district court and summoned by the sheriff. They 
are however usually summoned by open venire. 

Record. — The county judge keeps a record of all 
wills and other documents relating to the settlement 
of estates, and of the proceedings of his court, which 
record is open to inspection. 

Vacancy. — The county commissioners fill vacancies 
in the office of county judge. 

Clerk of county court. — The county judge may 
appoint a clerk of the county court or perform the 
duties of clerk himself. 

JUSTICES' COURTS. 

Justices' precincts. — The county . commissioners 
divide the county into justices' precincts in each of 
which a justice of the peace and a constable are 
elected annually.* Their term of office is two years. 
so that each precinct has two justices and two con- 
stables. 

Powers of justice. — Among the powers of a justice 
of the peace are: 

1. To try civil cases in which the amount involved 
does not exceed 8300, and in which the boundaries or 
title to real estate are not called in question, 

2. To try minor criminal offences, such as, assault, 
assault and battery, petit larceny, etc. , 

*The Constitution provides that in precincts containing 5,000 inhabitants or 
more the number of justices and constables may be increased by law. In pre- 
cincts containing more than 20,000 inhabitants the county commissioners may 
appoint one additional justice and constable for each 20,000 inhabitants. 



34 CIVIL GOVERNMENT OP COLORADO. 

3. To hold preliminary examinations of persons 
accused of offences triable only in higher courts, and, 
if their guilt is probable, to hold them by bail or im- 
prisonment to await the action of the grand jury, or 
of the district attorney by information, 

4. To perform the duties of coroner in relation to 
dead bodies when there is no coronor or in case of his 
inability to act. 

Jury. — In suits before a justice either party by ad- 
vancing the jury fees, may demand to have the case 
tried by a jury. Thereupon the justice issues a writ, 
directed to a constable, commanding him to summon 
a jury, usually of six. 

Change of venue. — Venue may be changed to the 
court of the nearest justice. 

Appeals. — Appeals may be taken from a justice's 
court to the county court. 

Duties of constable. — The constable is the execu- 
tive officer of the justice's court. He makes arrests 
and preserves the peace. 

POLICE COURTS. 

Police magistrate. — In cities of less than 25,000 
inhabitants, the city council elects a police magistrate, 
who holds what is called police court. 

Jurisdiction. — This court has exclusive original 
jurisdiction in all cases arising under the city ordi- 
nances. 

Venue- -appeals. — No change of venue is allowed. 
Appeals may be taken to the county court. 

Police courts in larger cities. — In larger cities, 
the Governor with the. consent of the Senate appoints 
the police magistrate; vacancies are filled by the 
county commissioners; and appeals lie to the county 
court. 






CIVIL GOVERNMENT OP COLORADO. 35 



CHAPTER VII. 

THE COUNTY. 

New counties. — New counties are established by 
the General Assembly in laws defining the boundaries, 
providing for the election of officers, fixing tempora- 
rity the county seat, etc. 

Elective county officers. — The elective county offi- 
cers are: — three or five commissioners, a clerk, sheriff, 
treasurer, assessor, coroner, surveyor, superintend- 
ent of schools and county judge.* 

Qualifications. — To be eligible to a county office a 
person must be a voter and a resident of the county 
for the year preceding election. 

Term. — The county commissioners and county 
judge -hold office three years; the others two years. 
The latter are elected in odd-numbered years. 

County seat. — The town in which the county and 
district courts are held and the county officers have 
their offices is called the county seat. The location 
of the county seat is determined by a majority vote 
of the qualified electors of the county. 

Offices at the county seat. — The county clerk, 
sheriff, treasurer, and superintendent of schools and 
the clerks of the county and district courts have 
offices at the county seat. 

COUNTY COMMISSIONERS. 

Election. — When a county is organized three com- 
missioners are elected, one for three years, one for 
two and one for one year. Annually thereafter one 
commissioner is elected for three years. 

♦For duties of county judge see chapter VI. 



36 CIVIL GOVERNMENT OP COLORADO. 

Counties having five commissioners. — Counties 
having more than ten thousand inhabitants are enti- 
tled to five commissioners; two elected in each of two 
successive years and one the third year. 

Commissioners' districts. — Each county is divided 
into as many commissioners' districts as it has com- 
missioners. Each district is entitled to one commis- 
sioner, who must be a resident therein. Commission- 
ers are elected by the voters of the wiiole county from 
the districts in rotation. 

Chairman. — At the first meeting of the board of 
county commissioners after the annual election, one 
of the members is chosen chairman. He presides at 
meetings of the board, has power to administer oaths, 
signs all county warrants and bonds and is superin- 
tendent of the poor. 

Meetings of board. — There are four regular meet- 
ings of the board of county commissioners every year. 
These are held at the county seat on the first Mon- 
days of January, April, July and October. When 
necessary there are special meetings. All meetings 
of the board are open to the public. 

Powers and duties. — The principal powers and 
duties of the board of county commissioners are: 

1. To care for county property, 

2. To levy taxes, 

3. To examine all claims and accounts against the 
county, allow such as are just and issue warrants on 
the county treasurer for their payment, 

4. To divide the county into election and justices' 
precincts, road and commissioners' districts, 

5. To designate voting places and appoint judges 
of election, 

6. To appoint a general road overseer, a county 
attorney and certain other minor officers, 



CIVIL GOVERNMENT OF COLORADO. 37 

7. To appoint persons to fill vacancies in county 
and precinct offices except that of county commis- 
sioner, 

8. To lay out roads and alter or discontinue them 
upon petition, 

9. To care for county paupers, 

10. To hear and decide challenges to the registra- 
tion of voters. 

Vacancy. — When a vacancy occurs in the office of 
county commissioner, the Governor appoints a person 
to fill it. 

Pay. — The pay of county commissioners is five dol- 
lars a day for time actually employed, and mileage. 
The chairman of the board receives pay at the same 
rate for his services as superintendent of the poor. 

COUNTY CLERK AND RECORDER. 

Duties. — The principal duties of the county clerk 
are: 

1. To act as clerk of the board of county commis- 
sioners, 

2. With two justices of the peace to open and can- 
vass the returns of elections, 

3. To issue certificates of election to county and 
precinct officers and to send to the Secretary of State 
a statement of the votes cast for state and national 
officers, 

4. To calculate the taxes of every tax-payer in the 
county, make out the tax book and deliver it to the 
county treasurer, 

5. To record deeds, mortgages, stock brands, med- 
ical certificates, United States land patents, school 
district bonds and all "instruments and writings, 
authorized by law to be recorded in his office", 

6. To issue marriage licenses and keep a record of 
marriages, 



38 CIVIL GOVERNMENT OF COLORADO. 

7. To have the custody of the official registry book 
and make additions to and changes in it as provided 
by law. 

SHERIFF. 

Duties. — Some of the important duties of the 
sheriff are : 

1. To have the custody of the county jail and 
prisoners, 

2. To act as the executive officer of the courts of 
record of the county, 

3. To preserve the peace, pursue felons, make 
arrests and take convicts to the penitentiary 

Posse. — To aid him the sheriff may, when neces- 
sary, call on such persons as he sees fit. 

Persons summoned to assist the sheriff are called a 
posse. Any male over eighteen years of age who 
refuses or neglects to assist the sheriff when sum- 
moned is liable to a heavy fine._ In case of a mob or 
riot the sheriff may call out the militia. 

Deputies. — The sheriff appoints an under-sheriff, 
or general deputy, and as many deputies as neces- 
sary, for whose acts he and his bondsmen are re- 
sponsible. 

TREASURER. 

Duties. — The principal duties of the county treas- 
urer are : 

1. To receive and keep all money belonging to the 
county, and pay it out on order of the county commis- 
sioners or otherwise as directed by law, 

2. To collect the taxes, 

3. To make a monthly payment to the State Treas- 
urer of all money due the State. 



CIVIL GOVERNMENT OF COLORADO. 39 

ASSESSOR. 

Duties. — The principal duties of the assessor are : 

1. For the purposes of taxation, annually to assess, 
or fix a value upon all the taxable property in the 
county except such as the law requires the owner or 
State Board of Equalization to assess, 

2. To make lists of persons in the county liable to 
service in the militia and deliver them to the county 
clerk. 

CORONER. 

Duties. — 1. The coroner with the aid of a jury of 
six, enquires into the cause of the death of any person 
dying within the county by unlawful means or the 
cause of whose death is unknown and orders or issues 
warrants for the arrest of any person suspected of 
being criminally connected with such death. 

2. He acts as sheriff when there is no sheriff, when 
the sheriff is a party to a suit and in certain other 
cases. 

SURVEYOR. 

The duty of the county surveyor is to execute sur- 
veys within the county when called upon and to keep 
a record of them. 

m SUPERINTENDENT OP SCHOOLS. 

Duties. — The most important duties of the county 
superintendent of schools are : 

1. To apportion the general county school fund 
among the districts of the county, 

2. To visit each school in the county at least once 
during each quarter that 'it is in session, and to see 
that teachers and school officers obey the law, 

3. To make an annual report of the condition of 
the schools of the county to the State Superintendent, 



40 CIVIL GOVERNMENT OP COLORADO. 

4. To hold quarterly examinations of applicants for 
teachers' certificates, and to issue certificates to such 
as are qualified. 

ROADS. 

Road districts. — The county commissioners divide 
the county into road districts. 

Road overseers. — The county commissioners 
appoint a general road overseer who has care of 
the roads of the county. He appoints with the con- 
sent of the commissioners, deputy overseers whose 
duty it is to keep the roads in repair, 

Property tax for road purposes. — The county 
commissioners levy a property tax for road purposes. 
They set apart a just proportion of the tax levied upon 
city and town property to be expended by the city or 
town authorities upon streets and alleys. The remain- 
der of the proceeds of this tax is apportioned among 
the road districts of the county by the county commis- 
sioners and is paid out only on their order. 

Road poll-tax. — Every able bodied man except 
residents of towns and cities, between the ages of 
twenty-one and fifty is required to pay the road over- 
seer of his district a road poll-tax of $1.50 every year. 
Town and city authorities have power to levy a road 
poll-tax. 



CHAPTER VIII. 

THE SCHOOL DISTRICT* 

Classes of school districts. — School districts are 
divisions of counties erected into municipal corpora- 
tions for the support of public schools. There are 
three classes. Those of the first class contain more 

*The provisions of this chapter do not apply to the school districts of the 
State acting under special charters. 



CIVIL GOVERNMENT OF COLORADO. 41 

than one thousand children of school age, that is, be- 
tween the ages of six and twenty-one. Districts of 
the second class contain from three hundred and fifty 
to one thousand children of school age. Districts of 
the third class are those having fewer than three 
hundred and fifty children of school age. 

Directors. — The officers of a school district are 
called directors. Districts of the first class have five 
directors; those of the second and third classes have 
three. 

Qualifications of voters. — In order to vote at a 
school election a person: — 

1. Must be twenty-one years of age, 

2. Must be a citizen of the United States or have 
declared his intention to become such at least four 
months before the election, 

3. Must have resided in the State six months, in 
the county ninety days and in the school district 
thirty days, next preceding the election. 

Sex is no disqualification for voting at school elec- 
tions or holding a school district office. 

School election. — Directors are elected at the regu- 
lar school election, which is held in every district on 
the first Monday in May of every year. 

Term of directors. — In second and third class dis- 
tricts, one director is elected every year and serves 
three years. In first class districts one director is 
elected annually and serves five years. 

Officers of school board. — The officers of a board 
of directors are: — a president, a secretary and a 
treasurer. 

President's duties. — The president presides at all 
meetings of the board and of the voters of the dis- 
trict, signs all bonds and orders for money and rep- 
resents the district in law suits. 



42 CIVIL GOVERNMENT OP COLORADO. 

Duties of secretary. — The principal duties of the 
secretary are: — 

1. To keep a record of all proceedings of the board 
and district meetings,. 

2. To take or cause to be taken annually a census 
of all the children of school age in the district, 

3. To make out and file with the county superin- 
tendent annually a report of the affairs of the district. 

Treasurer's duty. — The treasurer keeps all money 
belonging to the district that comes into his hands 
and pays it out by order of the board, keeping an 
account and making a report of the same. 

Powers and duties of school board.— /The principal 
powers and duties of the school board are: — 

1. To employ and discharge teachers, 

2. To fix the length of the school term, which 
must be at least three months in every year, and of 
the daily session which must not exceed six hours, 

3. To determine on the course of study, the text- 
books and the rates of tuition, 

4. To certify to the county commissioners the rate 
of special school tax, 

5. To order the levy, if they think best, of a tax 
of one-tenth of a mill for the support of a library. 

When directed by a vote of the district, they: — 

1. Furnish free text-books for all pupils, 

2. Issue or refund bonds, 

3. Build or remove school houses, buy or sell 
school lots. 

Vacancy. — "When a vacancy occurs in the board of 
directors in second and third class districts, the 
county superintendent appoints; in first class dis- 
tricts the board elects. 



CIVIL GOVERNMENT OF COLORADO. 43 

REVENUE OF SCHOOL DISTRICT. 

State school fund. — The United States granted to 
Colorado when it became a state, sections sixteen and 
thirty- six of every township for the support of com- 
mon schools. The money received from the sale of 
this land together with escheats and gifts for the 
purpose, makes the state school fund. It is invested 
and the interest only is used. The interest together 
with the money arising from the leasing of school 
land is divided among the counties in proportion to 
the number of children of school age they contain. 

County school tax. — To support schools, the 
county commissioners are required to levy annually 
a tax of not less than two nor more than five mills on 
the dollar of the assessed valuation of all the taxable 
property in the county. 

County school fund. — The money received by a 
county from the state school fund and from the county 
school tax together with certain fines and forfeitures, 
makes the general county school fund. This is 
divided among the districts of the county in propor- 
tion to the number of children of school age they 
contain. 

Special school fund. — The board of directors of 
each district certifies annually to the county commis- 
sioners the number of mills on the dollar that it will be 
necessary to levy in their district in addition to the 
county tax. This when collected is known as the 
school fund of that district. 

ORGANIZATION OF NEW DISTRICTS. 

From organized territory. — To organize a new 
school district from a portion of one or more old ones, 
the parents of at least ten children of school age re- 
siding within the limits of the proposed new district, 



44 CIVIL, GOVERNMENT OP COLORADO. 

petition the county superintendent, giving the bound- 
aries of the proposed district and the names of all 
the children of school age therein. If the county 
superintendent thinks it for the best interests of the 
districts concerned, he directs an election to be held 
in the proposed district to decide whether or not the 
district shall be organized. If at such election two- 
thirds of the voters favor organization, they proceed 
to elect three directors, who serve till the next regular 
school election, when three directors are elected, a 
president of the school board for three years, a secre- 
tary for two years and a treasurer for one year. 

From unorganized territory. — People living on 
unorganized territory can organize a school district 
without a petition and by a majority vote. 



CHAPTER IX. 
TOWNS AND CITIES. 

Special charters. — When the Constitution was 
adopted, Denver and other cities and towns were act- 
ing under special charters granted by territorial legis- 
latures. These towns and cities could either keep 
their charters or surrender them and become incor- 
porated under the general law as the people elected 
This chapter does not apply to towns and cities act- 
ing under special charters. 

Incorporation. — Upon petition of at least thirty 
land-owning electors of any part of a county not 
already incorporated, setting forth the boundaries, 
name and population of a proposed town or city, the 
county court appoints five commissioners, who hold 
an election therein. If a majority vote for incorpora- 
tion, the commissioners, after proper notice, hold 



CIVIL GOVERNMENT OF COLORADO. 45 

another election at which town officers are chosen, 
which completes the incorporation. 

Classes of cities and towns. — There are three 
classes of cities and towns. Those having fifteen 
thousand inhabitants or more are cities of the first 
class. Those having more than two thousand and less 
than fifteen thousand are cities of the second class. 
Those having two thousand or less are incorporated 
towns. 

Mayor and council. — The powers of a city or town 
are exercised through a mayor and city council or 
board of trustees, and other officers. 

Powers. — The powers of a town or city govern- 
ment are similar to those of a county or school dis- 
trict. Thus the mayor and council have charge of 
city property, levy taxes, make appropriations, etc. 
As the powers of municipal corporations are granted 
for the safety, comfort and well-being of the people, 
more extensive powers are necessary where many 
people are gathered in a small territory. Accord- 
ingly town and city governments are given powers 
which are not necessary to the school district or 
county. 

Among these powers are: 

1. To build sewers, 

2. To establish gas and water works, 

3. To provide police and fire departments, 

4. To make regulations concerning streets, side- 
walks, parks, etc., 

5. To preserve the public health by abating nui- 
sances, by inspection of food, building material, steam 
boilers, etc., by regulating the storage of explosives, 
establishing fire limits, etc., 



46 CIVIL GOVERNMENT OP COLORADO. 

6. To appoint or provide for the election of such 
subordinate officers, not provided by law, as they 
deem necessary. 

Ordinances. — The regulations made by a city coun- 
cil or town board of trustees — city or town laws — are 
called ordinances. 

Pay of city and town officers. — The pay of city 
and town officers when not fixed by law is fixed by 
the council or board of trustees. 

OFFICERS OF CITIES. 

Mayor. — In cities of both classes the mayor is 
elected biennially. He is president of the council. 
It is his duty to see that the city ordinances are 
enforced. He has the same power to keep the peace 
within the limits of the city that the sheriff has with- 
in the county. In case of a vacancy in the office of 
mayor it is filled by special election. 

Aldermen. — The city council divides the city into 
wards. One member of the city council, or alderman, is 
elected annually in each ward for a term of two- years. 

Other officers. — The voters elect a city treasurer. 
The council elects a police judge. In cities of the 
first class the voters elect the city clerk, auditor, 
attorney and engineer, and the mayor with the coun- 
cil's consent appoints the chief of police and "policemen. 

In cities of the second class, the council elects a 
city clerk, attorney and marshal. 

TOWN OFFICERS. 

Mayor. — The mayor is elected annually and pre- 
sides over the board of trustees, having a vote only 
in case of a tie. 

Trustees. — Three trustees are elected by the voters 
of the town every year for terms of two years. 



CIVIL GOVERNMENT OF COLORADO. 47 

Other officers. — The board of trustees appoints or 
provides for the election of a recorder or clerk, a 
treasurer and attorney, and appoints a marshal. 
Vacancies are filled by the board. 

THE CITY OF DENVER. 

The city of Denver is acting under a special char- 
ter which has been often amended by the General 
Assembly. It provides more officers and confers 
more extensive powers than the general law. The 
city council is composed of two boards. The board 
of supervisors consists of five members elected at 
large by the voters of the city. The board of alder- 
men consists of one member from each ward. Ordi- 
nances are passed by bill subject to many restrictions 
similar to those imposed on the passage of state laws 
including the mayor's veto which the council can over- 
come by a two-thirds vote. The board of supervisors 
confirms appointments, tries contests of the election 
of city officers, etc. 

The mayor is elected for two years and receives a 
salary of four thousand dollars a year. 



CHAPTER X. 

STATE INSTITUTIONS* 



Boards of control. — The educational, charitable, 
reformatory and penal institutions of the State are 
under supervision each of a body of persons called the 
board of control, commissioners or trustees. Except- 

*The Agricultural College, the School of Mines, the Mute and Blind Institute 
and the State Normal School each receives the proceeds of a direct tax of one- 
sixth of a mill; the Insane Asylum and the University get one-fifth of a mill. 
The Agricultural College receives some revenue from the United States and the 
sale of state lands. The Insane Asylum receives also some direct appropriation. 
The rest of the institutions are supported principally by direct appropriation. 
Earnings of institutions from products sold, fees, tuition, etc., are used for their 
benefit respectively. 



48 CIVIL GOVERNMENT OF COLORADO. 

ing the Regents of the State University, the members 
of these boards are appointed by the Governor, most 
of them with the consent of the Senate. 

Powers of boards. — These boards have in general 
the power of making regulations for the government 
of their respective institutions, of appointing pro- 
fessors and officers and fixing their salaries, and of 
expending the appropriations and revenue. 

Reports. — These boards or some of their officers 
make an annual or biennial report to the Governor or 
Superintendent of Public Instruction. 

Tuition. — The tuition is practically free at all the 
educational institutions. 

THE UNIVERSITY OP COLORADO. 

Location. — Boulder. 

Object. — Its object is to provide the 'best and most 
efficient means of imparting to young men and women, 
on equal terms, a liberal education and thorough 
knowledge of the different branches of literature, the 
arts and sciences, with their varied applications'. 

Board of Regents. — The University is under the 
control of a board of six regents elected by the peo- 
ple of the State. Two regents are elected every 
second year for terms of six years. 

THE AGRICULTURAL COLLEGE. 

Location. — Fort Collins. 

Object. — Its object is to afford 'thorough instruc- 
tion in agriculture, and the natural sciences connected 
therewith'. 

Board of control. — The State Board of Agricul- 
ture has general control and supervision of this insti- 
tution. It elects one of its members secretary. 

Secretary's duties. — The secretary collects infor- 
mation in regard to agriculture, keeps records of the 



CIVIL GOVERNMENT OF COLORADO. 49 

transactions of the board and college, distributes seeds 
and plants, makes up the annual report, etc. 

STATE SCHOOL OF MINES. 

Location.— Golden. 

Object. — Its object is to provide instruction in min- 
ing and civil engineering, metallurgy, assaying, geol- 
ogy, etc. 

STATE NORMAL SCHOOL. 

Location.— Greeley. 

Object.— The purpose of this institution is 'instruc- 
tion in the science and art of teaching', and 'in such 
branches of knowledge as shall qualify teachers for 
their profession'. 

MUTE AND BLIND INSTITUTE. 

Location. — Colorado Springs. 

Object. — Every blind or deaf and dumb citizen of 
the State over four and under twenty-two years of 
age is entitled to receive an education in this Institute 
at the expense of the State. Persons over twenty- 
two may be admitted at the option of the board of 
trustees. If parents are able to pay for the support 
of their children at this institution, they are required 
to do so. 

THE INSANE ASYLUM. 

Location. — Pueblo. 

Object. — The object of this asylum is the treatment 
and cure of insane persons. 

Inquest of lunacy. — The process by which a per- 
son is declared insane is called an inquest of lunacy. 
Upon complaint to the county court by a reputable 
person alleging that any person is so insane as to be 
incapable of caring for his property or as to endanger 
persons or property, the county judge orders a jury 



50 CIVIL GOVERNMENT OP COLORADO. 

of six to be summoned who after examining the 
person and hearing evidence decide on his sanity. 
If the lunatic has property, the court appoints a con- 
servator to manage it. The income of such prop- 
erty is applied to the support of the lunatic and his 
family. Lunatic paupers are entitled to state support. 

STATE INDUSTRIAL SCHOOL. 

Location. — Golden. 

Object. — Boys between the ages of ten and sixteen 
convicted of offences punishable by fine and imprison- 
ment for a shorter term than for life, may be sentenced 
to this school for terms of not more than three years. 

The board of control may discharge or bind out a 
boy when he has so far reformed as to justify it. 

The boys of the Industrial School receive instruc- 
tion in the common branches and are required to do a 
certain amount of work. 

STATE REFORMATORY. 

Location. — Buena Vista. 

Object. — The purpose of this institution is the pun- 
ishment and reformation of such males between the 
ages of sixteen and thirty, convicted of felony and 
misdemeanors the punishment of which is imprison- 
ment for more than ninety days and less than life, as 
the courts see fit. 

This institution is under the management of the 
board of penitentiary commissioners and the sentences 
to it are not for a definite term. 

THE PENITENTIARY. 

Location. — Canon City. 

Warden. — The warden is appointed by the Gov- 
ernor and Senate for a term of two years. Under 
direction of the board of commissioners, he has gen- 



CIVLL GOVERNMENT OF COLORADO. 51 

eral charge and supervision of the penitentiary. He 
appoints turnkeys and guards, enforces discipline, etc. 
Chaplain. — A chaplain conducts religious exercises 
in the penitentiary and performs other duties. 

SOLDIERS' AND SAILORS' HOME. 

Location. — Monte Vista. 

Object. — This institution is 'for the care and treat- 
ment of honorably discharged soldiers, sailors and 
marines who served in the Union army between April 
12, 1861 and April 9, 1865, and those dependent upon 
them, who have been bona fide residents of this State 
for at least one year next preceding their application 
for admission to such home'. 



CHAPTER XL 

ELECTIONS. 

Qualifications of voters.— Every male over twenty- 
one is entitled to vote provided: 

1. He is a citizen of the United States, or has 
declared his intention according to law, of becoming 
such at least four months previous to the election, 

_. He has resided in the State six months, in the 
county ninety days and in the precinct, ward or town 
ten days next preceding the election. 

Naturalization. — The Constitution of the United 
States defines a citizen of the United States to be -a 
person born or naturalized in the United States and 
subject to the jurisdiction thereof. It also gives 
Congress power to prescribe a uniform rule of natu- 
ralization. This Congress has done. To become a 
naturalized citizen a foreigner must reside in the 
United States five years. At least two years before 



52 CIVIL GOVERNMENT OF COLORADO. 

admission to citizenship, he must declare under oath 
before a competent court, * his intention of becoming 
a citizen and renounce his former allegiance. When 
finally admitted he must prove his five years residence 
in the state or territory where he then is, take an oath 
of allegiance to the United States and again renounce 
his former allegiance. 

Registration of voters.— The county clerk keeps 
a permanent register of the voters of precincts wholly 
or in part within the limits of cities. Upon this is 
entered the name, address and description of each 
voter. Voters must be registered fifteen days before 
election. 

In other precincts, the judges of election sit as a 
board of registry and make a list of persons qualified 
to vote. A copy of this list is posted in a conspicuous 
place and voters w T hose names are not on this list can 
have them inserted. 

No one is allowed to vote unless his name is on the 
registry list. 

Privileges of voters. — Voters cannot be arrested 
during their attendance at elections or in going to or 
returning from them, except for treason, felony or 
breach of the peace. 

Challenge of vote. — The vote of any elector may 
be objected to or challenged. The person challenged 
is required under oath to answer certain questions 
and to take an oath affirming his qualifications. The 
judges may still reject his vote if they believe him 
disqualified. One challenger of each of the leading 
political parties is allowed within each polling place. 

*The courts before whose clerks this and the final oath may be taken are: 
Circuit or district courts of the United States; district and supreme courts of 
territories; and courts of record of any state, having a common law jurisdiction 
and a clerk and seal. 



CIVIL GOVERNMENT OF COLORADO. 53 

Challenges may be made against the registration 
with the county clerk. These must be made in writ- 
ing, the persons challenged are notified, the county 
commissioners decide the cases. 

Kinds of elections. — Elections are regular and 
special. Regular elections are those occurring every 
year at fixed dates. Special elections are held to fill 
vacancies in certain oifices, and in other cases where 
it is necessary to refer important questions to the 
people for immediate decision. The regular elections 
are the general election, town or city election and 
school election. For school election see Chap. VIII. 

Notice of elections. — Notice of elections must be 
given by town, city and county clerks, by the publi- 
cation in newspapers and posted notices, of the date 
of the election, names of offices to be filled and the 
questions, if any, to be voted on. The names of all 
candidates are also published. 

Nominations. — All parties which cast at the pre- 
ceding election one-tenth of the total vote may present 
candidates and have their names printed on the official 
ballot. Nominations may also be made by petitions 
signed by a sufficient number of voters. 

Certificates of nomination are filed with the city 
or town clerk in municipal elections, with the Sec- 
retary of State for all divisions larger than a county 
and all others with the county clerk. 

Ballots. — All ballots are printed and delivered at 
public expense. Towns and cities pay for those used 
in municipal elections and counties for all others. 
Town, city and county clerks have charge of the 
preparation and distribution of ballots. 

The names are arranged in vertical columns on the 
ballots with a device chosen by the party at the top. 



54 CIVIL GOVERNMENT OF COLORADO. 

By marking a X near the device one votes for all 
the candidates of that party or a 'straight ticket'. 
Otherwise the voter marks a X opposite the name of 
each candidate for whom he wishes to vote. 

Polling places. — Polling places are supplied at 
public expense with a guardrail, one compartment or 
voting booth for each fifty voters in the precinct and 
a ballot-box. 

Only judges, clerks and voters (and interpreters if 
needed) are allowed w r ithin the guardrail. 

Appointment of judges. — Every year the county 
commissioners appoint in each voting precinct three 
judges of election representing at least two political 
parties. These judges act at all elections until their 
successors are appointed. For municipal elections 
the town trustees or city council appoint the judges. 

Duties of judges. — The judges of election have 
general charge of the polling place and see that the 
provisions of the election law are complied with. 
They appoint two clerks to assist them. They pro- 
claim the opening and closing of the polls, superin- 
tend the voting and assist illiterate voters. On the 
closing of the polls they count the votes and certify 
the result to the city, town or county clerk. They 
return to him all ballots including those spoiled and 
unused. 

Manner of voting. — The voter gives his name to 
a judge who calls it out and checks it off the registry 
list. The voter receives a ballot endorsed with the 
initials of the judge supplying it. He retires to a 
booth, marks his ballot and hands it to a judge who 
numbers it and pastes down the corner covering the 
number. The voter's name and the number of his 
ballot are entered on the poll-book. The ballot is 
handed back to the voter who puts it into the ballot- 



CIVIL GOVERNMENT OF COLORADO. 55 

box and at once leaves the polling place. If a voter 
spoils a ballot he can have another but no more than 
three in all. 

Miscellaneous provisions. — No soliciting of votes 
is allowed within one hundred feet of the polling 
place. The polling place cannot be within fifty feet 
of a saloon. 

Employes are allowed two hours in which to vote, 
without loss of pay. The polls are open from 7 a. 
m. to 7 p. m. 

Election day is a legal holiday. 

Statement of election expense. — All candidates 
and chairmen of committees disbursing money for 
election expenses must file sworn statements of all 
moneys paid out for campaign purposes, with the 
town, city or county clerk. They are published. 

General election. — The general election is held in 
every precinct in the State on the Tuesday after the 
first Monday in November of every year. All elec- 
tive precinct, county, state and national officers are 
voted for at the general election. 

Municipal election. — The municipal election, at 
which town and city officers are elected, is held the 
first Tuesday in April of each year. 



CHAPTER XII. 

REVENUE. 



Assessment. — Before March 20 of every year 
the county assessor is required to deliver to each per- 
son of full age and sound mind in the county a blank 
property schedule or list. Upon this blank each per- 
son is required to list all his taxable property with 
the valuation of certain personal property. He must 



56 CIVIL GOVERNMENT OF COLORADO. 

sign it, swear to its correctness and return it to the 
assessor. The assessor lists all property which the 
owner fails to list. He assesses the property so listed 
except w T hat the owner or State Board of Equalization 
is required to assess. 

Assessment roll. — The assessor makes out an 
assessment roll or book containing in alphabetical 
order, the names of all persons whose property has 
been listed, with a description of the property of each 
and its valuation. 

Board of equalization. — The assessment roll is 
submitted to the county commissioners sitting as a 
board of equalization. They correct assessments and 
supply omissions. The county clerk notifies those 
persons in whose assessments material changes are 
thus made. The board of equalization sits again to 
hear complaints of, and make further changes in, the 
assessments of such persons. 

Tax-book. — The county clerk computes the taxes 
of each person whose name is on the assessment roll 
and delivers the tax-book containing a list of the 
same to the county treasurer with a warrant requir- 
ing him to collect the taxes. 

Collection. — The county treasurer collects the 
taxes, keeping an account thereof and charging to 
each fund the amount belonging to it. The taxes are 
due one-half January 31 and one-half July 31. If 
not paid by August 1 they bear interest at the rate 
of fifteen per cent, per annum from that date. 

Tax sale of personal property. — After August 1 
the county treasurer has power to seize and sell per- 
sonal property for taxes. 

Delinquent taxes. — Before August 20 the county 
treasurer makes out a list of real estate upon which 
the taxes are unpaid. This is called the delinquent 



CIVIL GOVERNMENT OF COLORADO. 57 

tax list. The treasurer publishes this list and on the 
first Monday in October sells for taxes real estate 
upon which the taxes are unpaid. Property thus 
sold may be redeemed by the owner within three 
years by payment of the amount for which it was 
sold, all subsequent taxes, with interest and penalties. 
Exemptions. — The following named species of 
property are exempt from taxation: — 

1. Property of the United States, Colorado or any 
municipality, 

2. Property used for religious worship, for 
schools, for charitable purposes, and public libraries, 

3. Irrigation ditches, canals and flumes used to 
irrigate the lands of the owners, 

4. Cemeteries 'not used or held for private or 
corporate profit', 

5. The household goods of 'every person being 
the head of a family, to the value of two hundred 
dollars'. 



CHAPTER XIII. 

PUBLIC INDEBTEDNESS. 



Objects. — It is sometimes necessary for the State 
or a municipal corporation to go into debt for the 
erection of public buildings, the building of roads, 
bridges and the like, or, in case of a town or city, for 
water works, sewers or streets. Money is obtained 
for these purposes by the issue of bonds. 

Bond defined. — A bond is a formal certificate of 
indebtedness, bearing the seal of the corporation 
issuing it, issued for a specified purpose and having a 
limited time to run, with interest payable at stated 
periods. Bonds are signed by the chief executive of 



58 CIVIL GOVERNMENT OF COLORADO. 

the corporation issuing them, numbered, counter- 
signed by the treasurer and registered usually with 
the treasurer. 

Authorization of bonds. — All bonds except certain 
refunding bonds must be authorized by a vote of the 
electors in the case of the State and by a vote of the 
property tax payers in all other cases. 

Refunding bonds. — Refunding bonds are such as 
are issued in lieu of other bonds, running usually for 
a longer time at a lower rate of interest. They may 
be issued in exchange for original bonds or may be 
sold and the proceeds applied to the purchase of such 
bonds. 

Payment of bonds. — Whenever bonds are issued, 
an annual levy of taxes must be made to pay the 
interest and when they become due an annual levy is 
made to pay them. 

Warrants. — Warrants are another form of public 
indebtedness. The running expenses of government 
for any year are met by the proceeds of the tax levy 
of that year. As these taxes are not collected until 
the next year, it becomes necessary to anticipate 
them by the issue of warrants or orders. These differ 
from bonds in not having the seal of the corporation 
attached, having no definite time to run and being 
issued without a vote of the people. They usually 
bear a higher rate of interest which accumulates until 
they are paid. They are signed by the chief execu- 
tive officer and attested by the clerk. They must be 
presented to the treasurer who registers them and 
endorses them with the statement that there are no 
funds and that they bear interest from the date of 
registration. They are paid in the order in which 
they are registered. 



APPENDIX. 



CONSTITUTION 

OF THE 

STATE OF COLORADO. 



PREAMBLE. 



We, the people of Colorado, with profound reverence for the Supreme Ruler 
of the Universe, in order to form a more independent and perfect government; 
establish justice; insure tranquillity; provide for the common defense; promote 
the general welfare and secure the blessings of liberty to ourselves and our pos- 
terity, do ordain and establish this Constitution for the ki State of Colorado." 

ARTICLE I. 

BOUNDARIES. 

The boundaries of the State of Colorado shall be as follows: Commencing 
on the thirty-seventh parallel of north latitude, where the twenty-fifth meridian 
of longitude west from Washington crosses the same: thence north, on said 
meridian, to the fortv-first parallel of north latitude; thence, along said parallel, 
west to the thirty-second meridian of longitude west from Washington; thence 
south, on said meridian, to the thirty-seventh parallel of north latitude; thence, 
along said thirty-seventh parallel of north latitude, to the place of beginning. 

ARTICLE II. 

BILL OF RIGHTS. 

In order to assert our rights, acknowledge our duties, and proclaim the prin- 
ciples upon which our government is founded, we declare: 

Sec. 1. That all political power is vested in and derived from the people; that 
all government, of right, originates from the people, is founded upon their will 
only, and is instituted solely for the good of the whole. 

Sec. 2. That the people of this State have the sole and exclusive right of gov- 
erning themselves, as a free, sovereign and independent State: and to alter and 
abolish their Constitution and form of government whenever they may deem it 
necessary to their safety and happiness; Provided, Such change be not repugnant 
to the" Constitution of the United States. 

Sec. 3. That all persons have certain natural, essential and inalienable rights, 
among which may be reckoned the right of enjoying and defending their lives 
and liberties: that of acquiring, possessing and protecting property; and of seek- 
ing and obtaining their safety and happiness. 



2 CONSTITUTION OF COLORADO. 

Sec. 4. That the free exercise and enjoyment of religious profession and 
worship, without discrimination, shall forever hereafter be guaranteed; and no 
person shall be denied any civil or political right, privilege or capacity, on account 
of his opinions concerning religion; but the liberty of conscience hereby secured 
shall not be construed to dispense with oaths or affirmations, excuse acts of licen- 
tiousness, or justify practices inconsistent with the good order, peace or safety of 
the Statec No person shall be required to attend or support any ministry or 
place of worship, religious sect, or denomination against his consent. Nor shall 
any preference be given by law to any religious denomination or mode of worship. 

Sec. 5. That all elections shall be free and open; and no power, civil or mili- 
tary, shall at any time interfere to prevent the free exercise of the right of 
suffrage. 

Sec. 6. That courts of justice shall be open to every person, and a speedy 
remedy afforded for every injury to person, property or character; and that right 
and justice should be administered without sale, denial or delay. 

Sec. 7. That the people shall be secure in their persons, papers, homes and 
effects from unreasonable searches and seizures; and no warrant to search any 
place or seize any person or thing shall issue without describing the place to be 
searched, or the person or thing to be seized, as near as may be, nor without 
probable cause, supported by oath or affirmation reduced to writing. 

Sec. 8. That until otherwise provided by law, no person shall, for a felony, 
be proceeded against criminally, otherwise than by indictment, except in cases 
arising in the land or naval forces, or in the militia when in actual service in time 
of war or public danger. In all other cases, offenses shall be prosecuted crimi- 
nally by indictment or information. 

Sec. 9. That treason against the State can consist only in levying war against 
it, or in adhering to its enemies, giving them aid and comfort; that no person can 
be convicted of treason unless on the testimony of two witnesses to the same 
overt act, or on his confession in open court; that no person can be attainted of 
treason or felony by the General Assembly; that no conviction can work corrup- 
tion of blood or forfeiture of estate; that the estates of such persons as may 
destroy their own lives shall descend or vest as in cases of natural death. 

Sec. 10. That no law shall be passed impairing the freedom of speech; that 
every person shall be free to speak, write or publish whatever he will on any sub- 
ject, being responsible for all abuse of that liberty; and that in all suits and pros- 
ecutions for libel, the truth thereof may be given in evidence, and the jury, under 
the direction of the court, shall determine the law and the fact. 

Sec. 11. That no ex $ost facto law, nor law impairing the obligation of con- 
tracts, or retrospective in its operation, or making any irrevocable grant of special 
privileges, franchises or immunities, shall be passed by the General Assembly. 

Sec. 12. That no person shall be imprisoned for debt, unless upon refusal to 
deliver up his estate for the benefit of his creditors, in such manner as shall be 
prescribed by law, or in cases of tort or where there is a strong presumption of 
fraud. 

Sec. 13. That the right of no person to keep and bear arms in defense of his 
home, person and property, or in aid of the civil power when thereto legally sum- 
moned, shall be called in question; but nothing herein contained shall be con- 
strued to justify the practice of carrying concealed weapons. 

S^c. 14. That private property shall not be taken for private use unless by 
consent of the owner, except for private ways of necessity and except for reser- 
voirs, drains, flumes or ditches on or across the lands of others, for agricultural, 
mining, milling, domestic or sanitary purposes. 



CONSTITUTION OF COLORADO. 3 

Sec. 15. That private property shall not be taken or damaged, for public or 
private use, without just compensation. Such compensation shall be ascertained 
by a board of commissioners, of not less than three freeholders, or by a jury, when 
required by the owner of the property, in such manner as may be prescribed by 
law. and until the same shall be paid to the owner, or into court for the owner, 
the property shall not be needlessly disturbed, or the proprietary rights of the 
owner therein divested: and whenever an attempt is made to take private prop- 
erty for a use alleged to be public, the question whether the contemplated use be 
really public, shall be a judicial question, and determined as such without regard 
to any legislative assertion that the use is public. 

Sec. 16. That in criminal prosecutions the accused shall have the right to 
appear and defend in person and by counsel; to demand the nature and cause of 
the accusation: to meet the witnesses against him 1 face to face: to have process to 
compel the attendance.of witnesses in his behalf, and a speedy public trial by an 
impartial jury of the county or district in which the offense is alleged to have 
been committed. 

Sec. 17. That no person shall be imprisoned for the purpose of securing his 
testimony in any case longer than may be necessary in order to take his deposi- 
tion. If he can give security he shall be discharged; if he cannot give security, 
his deposition shall be taken by some judge of the supreme, district or county 
court, at the earliest time he can attend, at some convenient place by him 
appointed for that purpose, of which time and place the accused and the attorney 
prosecuting for the people, shall have reasonable notice. Tne accused shall have 
the right to appear in person and by counsel. If he have no counsel, the judge 
shall assign him one in that behalf only. On the completion of such examination 
the witness shall be discharged on his own recognizance, entered into before said 
judge, but such deposition shall not be used, if, in the opinion of the court, the 
personal attendance of the witness might be procured by the prosecution, or is 
procured by the accused. No exception shall be taken to such deposition as to 
matters of form. 

Sec. 18. That no person shall be compelled to testify against himself in a 
criminal case, nor shall any person be twice put in jeopardy for the same offense. 
If the jury disagree, or if the judgment be arrested after the verdict, or if the 
judgment be reversed for error in law, the accused shall not be deemed to have 
been in jeopardy. 

Sec. 19. That all persons shall be bailable by sufficient sureties, except for 
capital offenses, when the proof is evident or the presumption great. 

Sec. 20. That excessive bail shall not be required, nor excessive fines 
imposed, nor cruel and unusual punishments inflicted. 

Sec. 21. That the privilege of the writ of habeas corpus shall never be sus- 
pended, unless when in case of rebellion or invasion, the public safety may 
require it. 

Sec. 22. That the military shall always be in strict subordination to the civil 
power; that no soldier shall, in time of peace, be quartered in any house without 
the consent of the owner, nor in time of war except in the manner prescribed 
by law. 

Sec. 23. The right of trial by jury shall remain inviolate in criminal cases, 
but a jury in civil cases in all courts, or in criminal cases in courts not of record, 
may consist of less than twelve men, as may be prescribed by law. Hereafter a 
grand jury shall consist of twelve men any nine of whom concurring may find 
an indictment; Provided, The General Assembly may change, regulate or abolish 
the grand jury system. 



4 CONSTITUTION OF COLORADO. 

Sec. 24. That the people have the right peaceably to assemble for the com- 
mon good, and to apply to those invested with the powers of government for 
redress of grievances, by petition or remonstrance. 

Sec. 25. That no person shall be deprived of life, liberty or property, without 
due process of law. 

Sec. 26. That there shall never be in this State either slavery or involuntary 
servitude, except as a punishment for crime, whereof the party shall have been 
duly convicted. 

Sec. 27. Aliens, who are or may hereafter become bona fide residents of this 
State, may acquire, inherit, possess, enjoy and dispose of property, real and per- 
sonal, as native born citizens. 

Sec. 28. The enumeration in this Constitution of certain rights shall not be 
construed to deny, impair, or disparage others retained by the people. 

ARTICLE III. 

DISTRIBUTION OF POWERS. 

The powers of the government of this State are divided into three distinct 
departments — the legislative, executive and judicial — and no person, or collection 
of persons, charged with the exercise of powers properly belonging to one of 
these departments shall exercise any power properly belonging to either of the 
others except as in this Constitution expressly directed or permitted. 

ARTICLE IV. 

EXECUTIVE DEPARTMENT. 

Sec. 1. The Executive department shall consist of a Governor, Lieutenant- 
Governor, Secretary of State, Auditor of State, State Treasurer, Attorney-Gen- 
eral, and Superintendent of Public Instruction, each of whom shall hold his office 
for the term of two years, beginning on the second Tuesday of January next after 
his election; Provided, That the terms of office of those chosen at the first elec- 
tion held under this Constitution shall begin on the day appointed for the first 
meeting of the General Assembly. The officers of the executive department, 
except the Lieutenant-Governor, shall, during their term of office, reside at the 
seat of government, where they shall keep the public records, books and papers. 
They shall perform such duties as are prescribed by this Constitution or by law. 

Sec. 2. The supreme executive power of the State shall be vested in the Gov- 
ernor, who shall take care that the laws be faithfully executed. 

Sec. 3. The officers named in section one of this article shall be chosen on 
the day of the general election, by the qualified electors of the State. The 
returns of every election for said officers shall be sealed up and transmitted to 
the Secretary of State, directed to the Speaker of the House of Representatives, 
who shall immediately, upon the organization of the House, and before proceed- 
ing to other business, open and publish the same in the presence of a majority of 
the members of both Houses of the General Assembly, who shall, for that pur- 
pose, assemble in the House of Representatives. The person having the highest 
number of votes for either of said offices shall be declared duly elected, but if 
two or more have an equal and the highest number of votes for the same office, 
one of them shall be chosen thereto by the two Houses, on joint ballot. Con- 
tested elections for said offices shall be determined by the two Houses, on joint 
ballot, in such manner as may be prescribed by law. 

Sec. 4. No person shall be eligible to the office of Governor, Lieutenant- 
Governor, or Superintendent of Public Instruction, unless he shall have attained 
the age of thirty years, nor to the office of Auditor of State, Secretary of State, 



CONSTITUTION OP COLORADO. ;> 

or State Treasurer, unless he shall have attained the age of twenty-five years, nor 
to the office of Attorney-General unless he shall have attained the age of twenty- 
five years, and be a licensed attorney of the supreme court of the State, or of the 
Territory of Colorado, in good standing. At the first election under this Consti- 
tution, any person being a qualified elector at the time of the adoption of this 
Constitution, and having the qualifications above herein prescribed for any one 
of said offices, shall be eligible thereto; but thereafter no person shall be eligible 
to any one of said offices, unless, in addition to the qualifications above pre- 
scribed therefor, he shall be a citizen of the United States, and have resided 
within the limits of the State two years next preceding his election. 

Sec. 5. The Governor shall be Commander-in-chief of the military forces of 
the State, except when they shall be called into actual service of the United 
States. He shall have power to call out the militia to execute the laws, suppress 
insurrection or repel invasion. 

Sec. 6. The Governor shall nominate, and by and with the consent of the 
Senate, appoint all officers whose offices are established by this Constitution, or 
which may be created by law, and whose appointment or election is not otherwise 
provided for, and may remove any such officer for incompetency, neglect of duty 
or malfeasance in office. If, during the recess of the Senate, a vacancy occur in 
any such office, the Governor shall appoint some fit person to discharge the 
duties thereof until the next meeting of the Senate, when he shall nominate 
some person to fill such office. If the office of Auditor of State, State Treasurer, 
Secretary of State, Attorney-General, or Superintendent of Public Instruction, 
shall be vacated by death, resignation, or otherwise, it shall be the duty of the 
Governor to fill the same by appointment, and the appointee shall hold his office 
until his successor shall be elected and qualified in such manner as may be pro- 
vided by law. The Senate, in deliberating upon executive nominations, may sit 
with closed doors, but in acting upon nominations they shall sit with open doors, 
and the vote shall be taken by ayes and noes, which shall be entered upon the 
journal. 

Sec. 7. The Governor shall have power to grant reprieves, commutations and 
pardons after conviction, for all offenses except treason, and except in case of 
impeachment, subject to such regulations as may be prescribed by law relative 
to the manner of applying for pardons, but he shall in every case where he may 
exercise his power, send to the General Assembly, at its first session thereafter, a 
transcript of the petition, all proceedings, and the reasons for his action. 

Sec. 8. The Governor may require information in writing from the officers 
of the executive department upon any subject relating to the duties of their 
respective offices, which information shall be given upon oath whenever so 
required; he may also require information in writing at any time, under oath, 
from all officers and managers of State institutions, upon any subject relating 
to the condition, management and expenses of their respective offices and institu- 
tions. The Governor shall, at the commencement of each session and from time 
to time, by message, give to the General Assembly information of the condition 
of the State and shall recommend such measures as he shall deem expedient. He 
shall also send to the General Assembly a statement with vouchers, of the 
expenditures of all moneys belonging to the State and paid out by him. He 
shall also, at the commencement of each session, present estimates of the amount 
of money required to be raised by taxation for all purposes of the State. 

Sec. 9. The Governor may, on extraordinary occasions, convene the General 
Assembly, by proclamation, slating therein the purpose for which it is to assem- 
ble; but at such special session no business shall be transacted other than that 



6 CONSTITUTION OF COLORADO. 

specially named in the proclamation. He may, by proclamation, convene the 
Senate in extraordinary session for the transaction of executive business. 

Sec. 10. The Governor, in case of a disagreement between the two houses as 
to the time of adjournment, may, upon the same being certified to him, by the 
House last moving adjournment, adjourn the General Assembly to a day not later 
than the first day of the next regular session. 

Sec. 11. Every bill passed by the General Assembly shall, before it becomes 
a law, be presented to the Governor. If he approve, he shall sign it, and there- 
upon it shall become a law; but if he do not approve, he shall return it with his 
objections to the House in which it originated, which House shall enter the 
objections at large upon its journal, and proceed to reconsider the bill. If then, 
two-thirds of the members elected agree to pass the same, it shall be sent, together 
with the objections, to the other House, by which it shall likewise be reconsidered, 
and if approved by two-thirds of the members elected to that House, it shall 
become a law, notwithstanding the objections of the Governor. In all such cases 
the vote of each House shall be determined by ayes and noes, to be entered upon the 
journal. If any bill shall not be returned by the Governor within ten days after 
it shall have been presented to him, the same shall be a law in like manner as if 
he had signed it, unless the General Assembly shall, by their adjournment, pre- 
vent its return, in which case it shall be filed, with his objections, in the office of 
the Secretary of State within thirty days after such adjournment, or else become 
a law. 

Sec. 12. The Governor shall have power to disapprove of any item or items 
of any bill making appropriations of money, embracing distinct items, and the 
part or parts of the bill approved shall be law, and the item or items disapproved 
shall be void, unless enacted in manner following: If the General Assembly be in 
session, he shall transmit to the House in which the bill originated a copy of the 
item or items thereof disapproved, together with his objections thereto, and the 
items objected to shall be separately reconsidered, and each item shall then take 
the same course as is prescribed for the passage of bills over the executive veto. 

LIEUTENANT-GOVERNOR. 

Sec. 13. In case of the death, impeachment, or conviction of felony or 
infamous misdemeanor, failure to qualify, resignation, absence from the State, or 
other disability of the Governor, the powers, duties and emoluments of the office, 
for the residue of the term, or until the disability be removed, shall devolve upon 
the Lieutenant-Governor. 

Sec. 14. The Lieutenant-Governor shall be President of the Senate, and shall 
vote only when the Senate is equally divided. In case of the absence, impeachment, 
or disqualification from any cause of the Lieutenant-Governor, or when he shall 
hold the office of Governor, then the President pro tempore of the Senate shall 
perform the duties of the Lieutenant-Governor, until the vacancy is filled or the 
disability removed. 

Sec. 15. In case of the failure to qualify in his office, death, resignation, 
absence from the State, impeachment, conviction of felony, or infamous misde- 
meanor, or disqualification from any cause, of both the Governor and Lieutenant- 
Governor, the duties of the Governor shall devolve on the President of the Senate 
pro tempore, until such disqualification of either the Governor or Lieutenant-Gov- 
ernor be removed, or the vacancy be filled; and if the President of the Senate, for 
any of the above named causes, shall become incapable of performing the duties 
of Governor, the same shall devolve upon the Speaker of the House. 

SeC. 16. An account shall be kept by the officers of the executive department 
and of all public institutions of the State, of all moneys received by them severally 



CONSTITUTION OP COLORADO. 7 

from all sources, and for every service performed, and of all moneys disbursed by 
them severally, and a semi-annual report thereof shall be made to the Governor, 
under oath. 

Sec. 17. The officers of the executive department, and of all public institutions 
of the State, shall at least twenty days preceding each regular session of the General 
Assembly, make full and complete reports of their actions to the Governor, who 
shall transmit the same to the General Assembly. 

Sec. 18. There shall be a seal of the State, which shall be kept by the Secre- 
tary of State, and shall be called the "Great Seal of the State of Colorado." The 
seal of the Territory of Colorado as now used shall be the seal of the State until 
otherwise provided by law. 

Sec. 19. The officers named in section one of this article shall receive for 
their services a salary to be established by law, which shall not be increased or 
diminished during their official terms. It shall be the duty of all such officers to 
collect in advance all fees prescribed by law for services rendered by them sever- 
ally, and pay the same into the State Treasury. 

Sec. 20. The Superintendent of Public Instruction shall be ex officio State 
Librarian. 

Sec. 21. Neither the State Treasurer nor State Auditor shall be eligible for 
re-election as his own immediate successor. 

ARTICLE V. 
LEGISLATIVE department. 

Sec. 1. The legislative power shall be vested in the General Assembly, 
which shall consist of a Senate and House of Representatives, both to be elected 
by the people. 

Sec. 2. An election for members of the General Assembly shall be held on 
the first Tuesday in October, in the years of our Lord 1876 and 1878, and in each 
alternate year thereafter, on such day, at such places in each county as now are 
or hereafter may be provided by law. The first election for members of the Gen- 
eral Assembly under the State organization shall be conducted in the manner 
prescribed by the laws of Colorado Territory regulating elections for members of 
the legislative assembly thereof. When vacancies occur in either House, the 
Governor, or person exercising the powers of Governor, shall issue writs of elec- 
tion to fill such vacancies. 

Sec. 3. Senators shall be elected for the term of four years except as hereinafter 
provided, and Representatives for the term of two years. 

Sec. 4. No person shall be a Representative or Senator who shall not have 
attained the age of twenty-five years, who shall not be a citizen of the United 
States, who shall not for at least twelve months next preceding his election have 
resided within the territory included in the limits of the county or district in 
which he shall be chosen; Provided, That any person who, at the time of the 
adoption of this Constitution, was a qualified elector under the Territorial laws, 
shall be eligible to the first General Assembly. 

Sec. 5. The Senators at their first session, shall be divided into two classes. 
Those elected in districts designated by even numbers shall constitute one class; 
those elected in districts designated by odd numbers shall constitute the other 
class, except that Senators elected in each of the districts having more than one 
Senator shall be equally divided between the two classes. The Senators of one 
class shall hold for two years; those of the other class shall hold for four years — 
to be decided by lot between the two classes, so that one-half of the Senators, as 
near as practicable, may be biennially chosen forever thereafter. 



8 CONSTITUTION OF COLORADO 

Sec. 6. Each member of the General Assembly, until otherwise provided by- 
law, shall receive as compensation for his services, seven dollars ($7.00) for each 
day's attendance and fifteen (15) cents for each mile necessarily traveled in going 
to and returning from the seat of government, and shall receive no other com- 
pensation, perquisite, or allowance whatsoever. No session of the General 
Assembly shall exceed ninety days. No General Assembly shall fix its own com- 
pensation. 

Sec. 7. The General Assembly shall meet at 12 o'clock, noon, on the first 
Wednesday in November, A. D. 1876; and at 12 o'clock, noon, on the first Wednes- 
day in January, A. D. 1879, and at 12 o'clock, noon, on the first Wednesday in 
January of each alternate year forever thereafter, and at other times when con- 
vened by the Governor. The term of service of the members thereof shall begin 
on the first Wednesday of November next after their election, until otherwise 
provided by law. 

Sec. 8. No Senator or Representative shall, during the time for which he 
shall have been elected, be appointed to any civil office under this State; and no 
member of Congress, or other person holding any office (except of attorney-at-law, 
notary public, or in the militia) under the United States or this State, shall be a 
member of either house during his continuance in office. 

Sec. 9. No member of either House shall, during the term for which he may 
have been elected, receive any increase of salary or mileage, under any law passed 
during ^uch term. 

Sec. 10. The Senate shall, at the beginning and close of each regular session 
and at such other times as may be necessary, elect one of its members President 
pro tempore. The House of Representatives shall elect one of its members as 
Speaker. Each House shall choose its other officers, and shall judge of the elec- 
tion and qualification of its members. 

Sec. 11. A majority of each House shall constitute a quorum, but a smaller 
number may adjourn from <lay to day, and compel the attendance of absent 
members. 

Sec. 12. Each House shall have power to determine the rules of its proceed- 
ings and punish its members or other persons for contempt or disorderly behavior 
in its presence; to enforce obedience to its process; to protect its members against 
violence, or offers of bribes or private solicitation, and, with the concurrence of 
two-thirds, to expel a member, but not a second time for the same cause, and 
shall have all other powers necessary for the legislature of a free state. A mem- 
ber expelled for corruption shall not thereafter be eligible to either House of the 
same General Assembly, and punishment for contempt or disorderly behavior 
shall not bar an indictment for the same offense. 

Sec. 13. Each House shall keep a journal of its proceedings, and may in its 
discretion, from time to time, publish the same, except such parts as require 
secrecy, and the ayes and noes on any question shall, at the desire of any two 
members, be entered on the journal. 

Sec. 14. The sessions of each House, and of the committees of the whole, 
shall be open, unless when the business is such as ought to be kept secret. 

Sec. 15. Neither House shall without the consent of the other adjourn for 
more than thr Q e days, nor to any other place than that in which the two Houses 
shall be sitting. 

Sec. 16. The members of the General Assembly shall in all cases except 
treason, felony, violation of their oath of office, and breach or surety of the peace, 
be privileged from arrest during their attendance at the sessions of their respec- 
tive Houses, and in going to and returning from the same; and for any speech or 
debate in either House they shall not be questioned in any other place. 



CONSTITUTION OF COLORADO. 9 

Sec. 17. No law shall be passed except by bill, and no bill shall be so altered 
or amended on its passage through either House as to change its original purpose. 

Sec. IS. The style of the laws of this State shall be: "Be it enacted by the 
General Assembly of the State of Colorado:'' 

Sec 19. No act of the General Assembly shall take effect until ninety days 
after its passage (except in cases of emergency, which shall be expressed in the 
act), unless the General Assembly shall, by a vote of two-thirds of all the mem- 
bers elected to each House, otherwise direct. No bill, except the general appro- 
priation bill for the expenses of the government only, introduced in either House 
of the General Assembly after the first thirty days of the session, shall become 
a law. 

Sec. 20. No bill shall be considered or become a law unless referred to a com- 
mittee, returned therefrom, and printed for the use of the members. 

Sec. 21. No bill except general appropriation bills shall be passed containing 
more than one subject, which shall be clearly expressed in its title; but if any 
subject shall be embraced in any act which shall not be expressed in the title, 
such act shall be void only as to so much therof as shall not be so expressed. 

Sec. 22. Every bill shall be read by title when introduced, and at length on 
two different days in each House; all substantial amendments made thereto, 
shall be printed for the use of the members before the final vote is taken on the 
bill; and no bill shall become a law except by vote of a majority of all the 
members elected to each House, nor unless on its final passage, the vote be 
taken by ayes and noes, and the names of those voting be entered on the 
journal. 

Sec. 23. No amendment to any bill by one House shall be concurred in by 
the other, nor shall the report of any committee of conference be adopted in 
either House except by a vote of a majority of the members elected thereto, taken 
by ayes and noes, and the names of those voting recorded upon the journal thereof. 

Sec. 24. No law shall be revived, or amended, or the provisions thereof 
extended or conferred by reference to its title only, but so much thereof as is 
revived, amended, extended or conferred, shall be re-enacted and published at 
length. 

Sec. 25. The General Assembly shall not pass local or special laws in any of 
the following enumerated cases, that is to say: for granting divorces; laying out, 
opening, altering or working roads or highways; vacating roads, town plats, 
streets, alleys and public grounds; locating or changing county seats; regulating 
county or township affairs; regulating the practice in courts of justice; regulating 
the jurisdiction and duties of justices of the peace, police magistrates and con- 
stables; changing the rules of evidence in any trial or inquiry; providing for 
changes of venue in civil or criminal cases; declaring any person of age; for limi- 
tation of civil actions or giving effect to informal or invalid deeds; summoning or 
impaneling grand or petit juries; providing for the management of common 
schools; regulating the rate of interest on money; the opening or conducting of 
any election, or designating the place of voting; the sale or mortgage of real 
estate belonging to minors or others under disability; the protection of game or 
fish; chartering or licensing ferries or toll bridges; remitting tines, penalties or 
forfeitures; creating, increasing or decreasing fees, percentage or allowances of 
public officers; changing the law of descent; granting to any corporation, associa- 
tion or individual the right to lay down railroad tracks; granting to any corpora- 
tion, association or individual any special or exclusive privilege, immunity or 
franchise whatever. In all other cases, where a general law can be made appli- 
cable, no special law shall be enacted. 



10 CONSTITUTION OF COLORADO. 

Sec. 26. The presiding officer of each House shall, in the presence of the 
House over which he presides, sign all bills and joint resolutions passed by the 
General Assembly, after their titles shall have been publicly read, immediately 
before signing; and the fact of the signing shall be entered on the journal. 

Sec. 27. The General Assembly shall prescribe by law the number, duties and 
compensation of the officers and employes of each House; and no payment shall 
be made from the State Treasury, or be in any way authorized to any person, 
except to an acting officer or employe elected or appointed in pursuance of law. 

Sec. 23. No bill shall be passed giving any extra compensation to any public 
officer, servant or employe, agent or contractor, after services shall have been 
rendered or contract made, nor providing for the payment of any claim made 
against the State without previous authority of law. 

Sec. 29. All stationery, printing, paper and fuel used in the legislative and 
other departments of government, shall be furnished; and the printing and bind- 
ing and distributing of the laws, journals, department reports, and other printing 
and binding; and the repairing and furnishing the halls and rooms used for the 
meeting of the General Assembly and its committees, shall be performed under 
contract; to be given to the lowest responsible bidder, below such maximum price 
and under such regulations as may be prescribed by law. No member or officer 
of any department of the government shall be in any way interested in any such 
contract; and all'such contracts shall be subject to the approval of the Governor 
and State Treasurer. 

Sec. 30. Except as otherwise provided in this Constitution, no law shall 
extend the term of any public officer, or increase or diminish his salary or emol- 
uments after his election or appointment; Provided, That on and after the first 
day of March, A. D. 1881, the salaries of the following designated public officers, 
including those thereof who may then be incumbents of such offices, shall be as 
herein provided, viz.: The Governor shall receive an annual salary of five thou- 
sand dollars, and the further sum of fifteen hundred dollars for the payment of a 
private secretary. The judges of the supreme courts shall each receive an 
annual salary of five thousand dollars. The judges of the district courts shall 
each receive an annual salary of four thousand dollars. 

Sec. 31. All bills for raising revenue shall originate in the House of Repre- 
sentatives; but the Senate may propose amendments, as in case of other bills. 

Sec. 32. The general appropriation bill shall embrace nothing but appropria- 
tions for the ordinary expenses of the executive, legislative and judicial depart- 
ments of the State, interest on the public debt, and for public schools. All other 
appropriations shall be made by separate bills, each embracing but one subject. 

Sec. 33. No money shall be paid out of the treasury except upon appropria- 
tions made by law* and on warrant drawn by the proper officer in pursuance 
thereof. 

Sec. 31. No appropriation shall be made for charitable, industrial, educa- 
tional or benevolent purposes, to any person, corporation, or community not 
under the absolute control of the State, nor to any denominational or sectarian 
institution or association. . * 

Sec. 35. The General Assembly shall not delegate to any special commission, 
private corporation or association, any power to make, supervise or interfere with 
any municipal improvement, money, property or effects, whether held in trust or 
otherwise, or to levy taxes, or perform any municipal function whatever. 

Sec. 36. No act of the General Assembly shall authorize the investment of 
trust funds by executors, administrators, guardians, or other trustees, in the bonds 
or stock of any private corporation. • 



CONSTITUTION OF COLORADO. 11 

Sec. 37. The power to change the venue in civil and criminal cases shall be 
vested in the courts, to be exercised in such manner as shall be prescribed by law. 

Sec. 38. No obligation or liability of any person, association or corporation, 
held or owned by the State, or any municipal corporation therein, shall ever be 
exchanged, transferred, remitted, released, or postponed, or in anyway diminished, 
by the General Assembly, nor shall such liability or obligation be extinguished 
except by payment thereof into the proper treasury. 

Sec. 39. Every order, resolution or vote to which the concurrence of both 
Houses may be necessary, except on the question of adjournment, or relating 
solely to the transaction of business of the two Houses, shall be presented to the 
Governor, and before it shall take effect, be approved by him, or being disap- 
proved, shall be re-passed by two-thirds of both Houses, according to the rules 
and limitations prescribed in cases of a bill. 

Sec. 40. If any person elected to either House of the General Assembly shall 
offer or promise to give his vote or influence in favor of or against any measure or 
proposition, pending or proposed to be introduced in the General Assembly, in 
consideration or upon condition that any other person elected to the same General 
Assembly will give, or will promise, or assent to give his vote or influence in favor 
of or against any other measure or proposition, pending or proposed to be intro- 
duced in such General Assembly, the person making such offer or promise shall 
be deemed guilty of solicitation of bribery. If any member of the General 
Assembly shall give his vote or influence for or against any measure or proposition 
pending in such General Assembly, or offer, promise or assent so to do, upon 
condition that any other member will give, or will promise, or assent to give his 
vote or influence in favor of or against any other measure or proposition pending 
or proposed to be introduced in such General Assembly, or in consideration that 
any other member hath given his vote or influence for or. against any other 
measure or proposition in such General Assembly, he shall be deemed guilty of 
bribery, and any member of the General Assembly, or person elected thereto, who 
shall be guilty of either of such offenses shall be expelled, and shall not be 
thereafter eligible to the same General Assembly; and, on conviction thereof in 
the civil courts shall be liable to such further penalty as may be prescribed by law. 

Sec. 41. Any person w r ho shall directly or indirectly offer, give or promise 
any money or thing of value, testimonial, privilege, or personal advantage to any 
executive or judicial officer or member of the General Assembly, to influence him 
in the performance of any of his public or official duties, shall be deemed guilty of 
bribery, and be punished in such manner as shall be provided by law. 

Sec. 42. The offense of corrupt solicitation of members of the General 
Assembly, or of public officers of the State, or of any municipal division thereof, 
and any occupation or practice of solicitation of such members or officers, to 
influence their official action, shall be defined by law, and shall be punished by 
fine and imprisonment. 

Sec. 43. A member who has a personal or private interest in any measure or 
bill proposed or pending before the General Assembly, shall disclose the fact to 
the house of which he is a member, and shall not vote thereon. 

CONGRESSIONAL AND LEGISLATIVE APPORTIONMENTS. 

Sec. 44. One representative in the Congress of the United States shall be 
elected from the State at large, at the first election under this Constitution, and 
thereafter at such times and places, and in such manner as may be prescribed by 
law. When a new apportionment shall be made by Congress, the General Assem- 
bly shall divide the State into congressional districts accordingly. 



12 CONSTITUTION OF COLORADO. 

Sec. 45. The General Assembly shall provide by law for an enumeration of 
the inhabitants of the State in the year of our Lord 1885, and every tenth year 
thereafter; and at the session next following such enumeration, and also at the 
session next following an enumeration made by the authority of the United 
States, shall revise and adjust the apportionment for Senators and Representa- 
tives on the basis of such enumeration, according to ratios to be fixed by law. 

Sec. 46. The Senate shall consist of twenty-six, and the House of Representa- 
tives of forty-nine members, which number shall not be increased until the year of 
our Lord one thousand eight hundred and ninety, afer which time the General 
Assembly may increase the number of Senators and Representatives, preserving 
as near as may be the present proportion as to the number in each House; 
Provided, That the aggregate number of Senators and Representatives shall 
never exceed one hundred. 

Sec. 47. Senatorial and representative districts may be altered from time to 
time, as public convenience may require. When a senatorial or representative 
district shall be composed of two or more counties, they shall be contiguous, and 
the district as compact as may be. No county shall be divided in the formation 
of a senatorial or representative district. 

Sec. 48. Until the State shall be divided into senatorial districts, in accord- 
ance with the provisions of this article, said districts shall be constituted and 
numbered as follows: 

The county of Weld shall constitute the first district, and be entitled to 
one Senator. 

The county of Larimer shall constitute the second district, and be entitled 
to one Senator. 

The county of Boulder shall constitute the third district, and be entitled 
to two Senators. 

The county of Gilpin shall constitute the fourth district, and be entitled to 
one Senator. 

The counties of Gilpin, Summit and Grand shall constitute the fifth district, 
and be entitled to one Senator. 

The county of Clear Creek shall constitute the sixth district, and be entitled 
to two Senators. 

The county of Jefferson shall constitute the seventh district, and be entitled 
to one Senator. 

The county of Arapahoe shall constitute the eighth district, and be entitled 
to four Senators. 

The counties of Elbert and Bent shall constitute the ninth district, and be 
entitled to one Senator. 

The county of El Paso shall constitute the tenth district, and be entitled to 
one Senator. 

The county of Douglas shall constitute the eleventh district, and be entitled 
to one Senator. 

The county of Park shall constitute the twelfth district, and be entitled to 
one Senator. 

The counties of Lake and Saguache shall constitute the thirteenth district, 
and be entitled to one Senator. 

The county of Fremont shall constitute the fourteenth district, and be entitled 
to one Senator. 

The county of Pueblo shall constitute the fifteenth district, and be entitled to 
one Senator. 



CONSTITUTION OF COLORADO 13 

The county of Huerfano shall constitute the sixteenth district, and be entitled 
to one Senator. 

The county of Las Animas shall constitute the seventeenth district, and be 
entitled to two Senators. 

The county of Costilla shall constitute the eighteenth district, and be entitled 
to one Senator. 

The county of Conejos shall constitute the nineteenth district, and be 
entitled to one Senator. 

The counties of Rio Grande, Hinsdale, La Plata and San Juan shall constitute 
the twentieth district, and be entitled to one Senator. 

Sec. 49. Until an apportionment of Representatives be made in accordance 
with the provisions of this article, they shall be divided among the several counties 
of the State in the following manner: The county of Arapahoe shall have seven; 
the counties of Boulder and Clear Creek, each, four; the counties of Gilpin and 
Las Animas, each, three; the counties of El Paso, Fremont, Huerfano, Jefferson, 
Pueblo and Weld, each, two; the counties of Bent, Costilla, Conejos, Douglas, 
Elbert, Grand, Hinsdale, Larimer, La Plata, Lake, Park, Rio Grande, Summit, 
Saguache and San Juan, each, one; and the counties of Costilla and Conejos, 
jointly, one. 

ARTICLE VI. 

JUDICIAL DEPARTMENT. 

Sec. 1. The judicial power of the State as to matters of law and equity, 
except as in the Constitution otherwise provided, shall be vested in a supreme 
court, district courts, county courts, justices of the peace, and such other courts 
as may be provided by law. 

SUPREME COURT. 

Sec. 2. The supreme court, except as otherwise provided in this Constitution, 
shall have appellate jurisdiction only, which shall be co-extensive with the State, 
and shall have a general superintending control over all inferior courts, under 
such regulations and limitations as may be prescribed by law. 

Sec. 3. It shall have power to issue writs of habeas corpus, mandamus, quo 
-warranto, certiorari, injunction, and other remedial writs, with authority to hear 
and determine the same; and each judge of the supreme court shall have like 
power and authority as to writs of habeas corpus. The supreme court shall give, 
its opinion on important questions upon solemn occasions when required by the 
Governor, the Senate, or the House of Representatives; and all such opinions 
shall be published in connection with the reported decisions of said court. 

Sec. 4. At least two terms of the supreme court shall be held each year at 
the seat of government. 

Sec. 5. The supreme court shall consist of three judges, a majority of whom 
shall be necessary to form a quorum or pronounce a decision. 

Sec. 6. The judges of the supreme court shall be elected by the electors of 
the State at large as hereinafter provided. 

Sec. 7. The term of office of the judges of the supreme court, except as in 
this article otherwise provided, shall be nine years. 

Sec. 8. The judges of the supreme court shall immediatelv after the first 
election under this Constitution be classified by lot so that one shall hold his 
office for the term of three years, one for the term of six years, and one for the 
term of nine years. The lot shall be drawn by the judges, who shall for that 
purpose assemble at the seat of government, and they shall cause the result 
thereof to be certified to the Secretary of the Territory, and filed in his office. 



14 CONSTITUTION OP COLORADO. 

The judge having the shortest term to serve, not holding his office by appoint- 
ment or election to fill a vacancy, shall be the chief justice, and shall preside at 
all terms ot the supreme court, and, in case of his absence, the judge having in 
like manner the next shortest term to serve shall preside in his stead. 

Sec. 9. There shall be a clerk of the supreme court, who shall be appointed 
by the judges thereof, and shall hold his office during the pleasure of said judges, 
and whose duties and emoluments shall be as prescribed by law, and by the rules 
of the supreme court. 

Sec. 10. No person shall be eligible to the office of judge of the supreme 
court unless he be learned in the law, be at least thirty years of age, and a citizen 
of the United States, nor unless he shall have resided in this State or Territory 
at least two years next preceding his election. 

DISTRICT COURTS. 

Sec. 11. The district courts shall have original jurisdiction of all causes, both 
at law and in equity, and such appellate jurisdiction as may be conferred by law. 
They shall have original jurisdiction to determine all controversies upon relation 
of any person on behalf of the people, concerning the rights, duties and liabilities 
of railroad, telegraph or toll-road companies or corporations. 

Sec. 12. The State shall be divided into judicial districts, in each of which 
there shall be elected by the electors thereof, one or more judges of the district 
court therein, as may be provided by law, whose terms of office shall be six years; 
the judges of the district courts may hold courts for each other, and shall do so 
when required by law, and the General Assembly may, by law, provide for the 
selection or election of a suitable person to preside in the trial of causes in special 
cases. 

Sec. 13. Until otherwise provided by law, said districts shall be four in num- 
ber, and constituted as follows, viz: 

First District — The counties of Boulder, Jefferson, Gilpin, Clear Creek, Sum- 
mit and Grand. 

Second District— The counties of Arapahoe, Douglas, Elbert, Weld and 
Larimer. 

Third District— The counties of Park, El Paso, Fremont, Pueblo, Bent, Las 
Animas and Huerfano. 

Fourth District— The counties of Costilla, Conejos, Rio Grande, San Juan, 
La Plata, Hinsdale, Saguache and Lake. 

Sec. 14. The General Assembly may (whenever two-thirds of the members 
of each house shall concur therein) increase or diminish the number of judges 
for any district, or increase or diminish the number of judicial districts, and the 
judges thereof. Such districts shall be formed of compact territory, and bounded 
by county lines; but such increase, diminution or change in the boundaries of a 
district shall not work the removal of any judge from his office during the term 
for which he shall have been elected or appointed. 

Sec. 15. The judges of the district court first elected shall be chosen at the 
first general election. The General Assembly may provide that, after the year 
eighteen hundred and seventy-eight, the election of the judges of the supreme, 
district, and county courts, and the district attorneys, or any of them, shall be on 
a different day from that on which an election is held for any other purpose, and 
for that purpose may extend or abridge the term of office of any such officers then 
holding, but not in any case more than six months. Until otherwise provided by 
law, such officers shall be elected at the time of holding the general elections. 
The terms of office of all judges of the district court ejected in the several dis- 



CONSTITUTION OP COLORADO. 15 

tricts throughout the State, shall expire on the same day; and the terms of office 
of the district attorneys elected in the several districts throughout the State 
shall, in like manner, expire on the same day. 

Sec. 16. No person shall be eligible to the office of district judge unless he 
be learned in the law, be at least thirty years old, and a citizen of the United 
States, nor unless he shall have resided in the State or Territory at least two years 
next preceding his election, nor unless he shall, at the time of his election, be an 
elector within the judicial district for which he is elected; Provided, That at the 
first election any person of the requisite age and learning, and who is an elector 
of the Territory of Colorado, under the laws thereof, at the time of the adoption 
of this Constitution, shall be eligible to the office of judge of the district court of 
the judicial district within which he is an elector. 

Sec. 17. The time of holding courts within the said districts shall be as pro- 
vided by law, but at least one term of the district court shall be held annually in 
each county, except in such counties as may be attached, for judicial purposes, 
to another county, wherein such courts are so held. This shall not be construed 
to prevent the holding of special terms, under such regulations as may be pro- 
vided by law. 

Sec. 18. The judges of the supreme and district courts shall each receive 
such salary as may be provided by law, and no such judge shall receive any other 
compensation, perquisite, or emolument for or on account of his office, in any 
form whatever, nor act as attorney or counsellor at law. 

Sec. 19. There shall be a clerk of the district court in each county wherein a 
term is held, who shall be appointed by the judge of the district, to hold his office 
during the pleasure of the judge. His duties and compensation shall be as pro- 
vided by law and regulated by the rules of the court. 

Sec. 20. Until the General Assembly shall provide by law for fixing the terms 
of the courts aforesaid, the judges of the supreme and district courts, respective- 
ly, shall fix the terms thereof. 

DISTRICT ATTORNEYS. 

Sec. 21. There shall be elected by the qualified electors of each judicial dis- 
trict, at each regular election for judges of the supreme court, a district attorney 
for such district, whose term of office shall be three years, and whose duties and 
compensations shall be as provided by law. No person shall be eligible to the 
office of district attorney who shall not, at the time of his election, be at least 
twenty-five years of age, and possess all the other qualifications for judges of 
district courts, as prescribed in this article. 

COUNTY COURTS. 

Sec. 22. There shall be elected at the general election in each organized 
county in the year eighteen hundred and seventy-seven, and every three years 
thereafter, except as otherwise provided in this article, a county judge, who shall 
be judge of the county court of said county, whose term of office shall be three 
years, and whose compensation shall be as may be provided by law. 

Sec. 23. County courts shall be courts of record and shall have original juris- 
diction in all matters of probate, settlement of estates of deceased persons, 
appointment of guardians, conservators and administrators, and settlement of 
their accounts, and such other civil and criminal jurisdiction as may be conferred 
by law; Provided, Such courts shall not have jurisdiction in any case where the 
debt, damage, or claim, or value of property involved, shall exceed two thousand 
dollars, except in cases relating to the estates of deceased persons. 



16 CONSTITUTION OF COLORADO. 

Appeals may be taken from county to district courts, or to the supreme court, 
in such cases and in such manner as may be prescribed by law. Writs of error 
shall lie from the supreme o»urt to every final judgment of the county court. No 
appeal shall lie to the district court from anv judgment given upon an appeal 
from a justice of the peace. 

CRIMINAL COURT. 

Sec. 24. The General Assembly shall have power to create and establish a 
criminal court in each county having a population exceeding fifteen thousand, 
which court may have concurrent jurisdiction with the district courts in all crimi- 
nal cases not capital; the terms of such courts to be as provided by law. 

JUSTICES OF THE PEACE. 

Sec. 25. Justices of the peace shall have such jurisdiction as may be conferred 
by law; but they shall not have jurisdiction of any case wherein the value of the 
property or the amount in controversy exceeds the sum of three hundred dollars, 
nor where the boundaries or title to real property shall be called in question. 

POLICE MAGISTRATES. 

Sec. 26. The General Assembly shall have power to provide for creating such 
police magistrates for cities and towns as may be deemed from time to time nec- 
essary or expedient; who shall have jurisdiction of all cases arising under the 
ordinances of such cities and towns respectively. 

MISCELLANEOUS. 

Sec. 27. The judges of courts of record, inferior to the supreme court, shall, 
on or before the first day of July in each year, report in writing to the judges of 
the supreme court such defects and omissions in the laws as their knowledge and 
experience may suggest, and the judges of the supreme court shall, on or before 
the first day of December of each year, report in writing to the Governor, to be 
by Am transmitted to the General Assembly, together with his message, such 
defects and omissions in the Constitution and laws as they may find to exist, 
together with appropriate bills for curing the same. 

Sec. 28. All laws relating to courts shall be general and of uniform operation 
throughout the State; and the organization, jurisdiction, powers, proceedings and 
practice of all the courts of the same class or grade, so far as regulated by law, 
and the force and effect of the proceedings, judgments and decrees of such courts 
severally, shall be uniform. 

Sec. 29. All officers provided for in this article, excepting judges of the 
supreme court, shall respectively reside in the district, county, precinct, city or 
town for which they may be elected or appointed. Vacancies occurring in any of 
the offices provided for in this article shall be filled by appointment as follows: 
Of judges of the supreme and district courts, by the Governor; of district attor- 
neys, by the judge of the court of the district for which such attorney was elected; 
and of all other judicial officers, by the Board of County Commissioners of the 
county wherein the vacancy occurs. Judges of the supreme, district and county 
courts appointed under the provisions of this section shall hold office until the 
next general election and until their successors elected thereat shall be duly 
qualified. 

Sec. 30. All process shall run in the name of "The People of the State of 
Colorado;" all prosecutions shall be carried on in the name and by the authority 
of "The People of the State of Colorado," and conclude, "against the peace 
and dignity of the same." 



CONSTITUTION OF COLORADO. 17 

ARTICLE VII. 

SUFFRAGE AND ELECTIONS. 

• 

Sec. 1. Every male person over the age of twenty- one years, possessing the 
following qualifications, shall be entitled to vote at all elections: 

First — He shall be a citizen of the United States, or. not being a citizen of 
the United States, he shall have declared his intention, according to law, to 
become such citizen, not less than four months before he offers to vote. 

Second— He shall have resided in the State six months immediately preced- 
ing the election at which he offers to vote, and in the county, city, town, ward or 
precinct, such time as may be prescribed by law; Provided, That no person shall 
be denied the right to vote at any school district election, nor to hold any school 
district office, on account of sex. 

Sec. 2. The General Assembly shall, at the first session thereof, and may at 
any subsequent session, enact laws to extend the right of suffrage to women of 
lawful age, and otherwise qualified according to the provisions of this article. No 
such enactment shall be of effect until submitted to the vote of the qualified 
electors at a general election, nor unless the same be approved by a majority of 
those voting thereon. 

Sec. 3. The General Assembly may prescribe by law an educational qualifica- 
tion for electors; but no such law shall take effect prior to the year of our Lord 
one thousand eight hundred and ninety, (1890), and no qualified elector shall 
be thereby disqualified. 

Sec. 4. For the purpose of voting and eligibility to office, no person shall be 
deemed to have gained a residence by reason of his presence, or lost it by reason 
of his absence, while in the civil or military service of the State, or of the United 
States, nor while a student at any institution of learning, nor while kept at public 
expense in any poor-house or other asylum, nor while confined in public prison. 

Sec. 5. Voters snail in all cases, except treason, felony or breach of the peace, 
be privileged from arrest during their attendance at elections, and in going to and 
returning therefrom. 

Sec. 6. No person except a qualified elector shall be elected or appointed to 
any civil or military office of the State. 

Sec. 7. The general election shall be held on the first Tuesday in October in 
the years of our Lord eighteen hundred and seventy-six, eighteen hundred and 
seventy-seven, and eighteen hundred and seventy-eight, and annually thereafter 
on such day as may be prescribed by law. 

Sec. 8. All elections by the people shall be by ballot; every ballot voted shall 
be numbered in the order in which it shall be received, and the number be recorded 
by the election officers on the list of voters opposite the name of the voter who 
presents the ballot. The election officers shall be sworn or affirmed not to enquire 
or disclose how any elector shall have voted. In all cases of contested elections 
the ballots cast may be counted, compared with the list of voters, and examined 
under such safeguards and regulations as may be prescribed by law. 

Sec. 9. In trials of contested elections and for offenses arising under the 
election law no person shall be permitted to withhold his testimony on the ground 
that it may criminate himself, or subject him to public infamy; but such testi- 
mony shall not be used against him in any judicial proceeding, except for perjury 
in giving such testimony. 

Sec. 10. Xo person while confined in any public prison shall be entitled to 
vote; but every such person who was a qualified elector prior to such imprison- 
ment, and who is released therefrom by virtue of a pardon, or by virtue of having 



18 CONSTITUTION OF COLORADO. 

served out his full term of imprisonment, shall, without further action, be invested 
with all the rights of citizenship, except as otherwise provided in this Constitution. 

Sec. 11. The General Assembly shall pass laws to secure the purity of elec- 
tions, and guard against abuses of the elective franchise. 

Sec. 12. The General Assembly shall, by general law, designate the courts 
and judges by whom the several classes of election contests, not herein provided 
for, shall be tried, and regulate the manner of trial, and all matters incident 
thereto; but no such law shall apply to any contest arising out of an election held 
before its passage. 

ARTICLE VIII. 

STATE INSTITUTIONS. 

Sec. 1. Educational, reformatory and penal institutions, and those for the 
benefit of the insane, blind, deaf and mute, and such other institutions as the pub- 
lic good may require, shall be established and supported by the State, in such 
manner as may be prescribed by law. 

Sec. 2. The General Assembly shall have no power to change or locate the 
seat of government of the State, but shall at its first session subsequent to the 
year or our Lord one thousand eight hundred and eighty, provide by law for sub- 
mitting the question of the permanent location of the seat of government to the 
qualified electors of the State, at the general election then next ensuing, and a 
majority of all the votes upon said question cast at said election shall be neces- 
sary to determine the location thereof. Said General Assembly shall also provide 
that in case there shall be no choice of location at said election, the question of 
choice between the two places for which the highest number of votes shall have 
been cast shall be submitted in like manner to the qualified electors of the State 
at the next general election; Provided, That until the seat of government shall 
have been permanently located as herein provided, the temporary location thereof 
shall remain at the city of Denver. 

Sec. 3. When the seat of government shall have been located as herein pro- 
vided, the location thereof shall not thereafter be changed, except by a vote of 
two-thirds of all the qualified electors of the State voting on that question, at a 
general election, at which the question of location of the seat of government shall 
have been submitted by the General Assembly. 

Sec. 4. The General Assembly shall make no appropriation or expenditure 
for capitol buildings or grounds, until the seat of government shall have been 
permanently located, as herein provided. 

Sec. 5. The following Territorial institutions, to wit: The University at 
Boulder, the Agricultural College at Fort Collins, the School of Mines at Golden, 
the Institute for the Education of Mutes at Colorado Springs, shall, upon the 
adoption of this Constitution, become institutions of the State of Colorado, and 
the management thereof subject to the control of the State, under such laws and 
regulations as the General Assembly shall provide; and the location of said insti- 
tutions, as well as all gifts, grants, and appropriations of money and property, 
real and personal, heretofore made to said several institutions, are hereby con- 
firmed to the use and benefit of the same respectively; Provided, This section 
shall not apply to any institution, the property, real or personal, of which is now 
vested in the trustees thereof, until such property be transferred by proper convey- 
ance, together with the control thereof, to the officers provided for the manage- 
ment of said institution by this Constitution, or by law. 



CONSTITUTION OF COLORADO. 19 

ARTICLE IX. 

EDUCATION. 

Sec. 1. The general supervision of the public schools of the State shall be 
vested in a board of education, whose powers and duties shall be prescribed by 
law: the Superintendent of Public Instruction, the Secretary of State and Attorney- 
General shall constitute the board, of which the Superintendent of Public Instruc- 
tion shall be president. 

Sec. 2. The General Assembly shall, as soon as practicable, provide for the 
establishment and maintenance of a thorough and uniform system of free public 
schools throughout the State, wherein all the residents of the State between the 
ages of six and twenty-one years may be educated gratuitously. One or more 
public schools shall be maintained in each school district within the State, at 
least three months in each year; any school district failing to have such school 
shall not be entitled to receive any portion of the school fund for that year. 

Sec. 3. The public school fund of the State shall forever remain inviolate and 
intact; the interest thereon only shall be expended in the maintenance of the schools 
of the State, and shall be distributed amongst the several counties and school dis- 
tricts of the State, in such manner as may be prescribed by law. No part of this 
fund, principal or interest, shall ever be transferred to any other fund, or used or 
appropriated except as herein provided. The State Treasurer shall be the custod- 
ian of this fund, and the same shall be securely and profitably invested as may be 
by law directed. The State shall supply all losses thereof that may in any manner 
occur. 

Sec. 4. Each county treasurer shall collect all school funds belonging to his 
county and the several school districts therein, and disburse the same to the 
proper districts upon warrants drawn by the county superintendent or by the 
proper district authorities, as may be provided by law. 

Sec. 5. The public school fund of the State shall consist of the proceeds of 
such lands as have heretofore been, or may hereafter be, granted to the State by 
the general government for educational purposes; all estates that may escheat to 
the State; also all other grants, gifts or devices that may be made to this State for 
educational purposes. 

Sec. 6. There shall be a county superintendent of schools in each county, 
whose term of office shall be two years, and whose duties, qualifications and com- 
pensation shall be prescribed by law. He shall be ex officio commissioner of lands 
within his county, and shall discharge the duties of said office under the direction 
of the state board of land commissioners, as directed by law. 

Sec. 7. Neither the General Assembly, nor any county, city, town, township, 
school district, or other public corporation, shall ever make any appropriation, or 
pay from any public fund or moneys whatever, anything in aid of any church or 
sectarian society, or for any sectarian purpose, or to help support or sustain any 
school, academy, seminary, college, university, or other literary or scientific 
institution, controlled by any church or sectarian denomination whatsoever; nor 
shall any grant or donation of land, money or other personal property, ever be 
made by the State, or any such public corporation, to any church or for any sec- 
tarian purpose. 

Sec. 8. No religious test or qualification shall ever be required of any person 
as a condition of admission into any public educational institution of the State, 
either as teacher or student; and no teacher or student of any such institution 
shall ever be required to attend or participate in any religious service whatever. 
No sectarian tenets or doctrines shall ever be taught in the public schools, nor 
shall any distinction or classification of pupils be made on account of race or color. 



20 CONSTITUTION OF COLORADO. 

Sec. 9. The Governor, Superintendent of Public Instruction, Secretary of 
State and Attorney-General shall constitute the State Board of land Commis- 
sioners, who shall have the direction, control and disposition of the public lands 
of the State, under such regulations as may be prescribed h y law. 

Sec. 10. It shall be the duty of the State Board of Land Commissioners to 
provide for the location, protection, sale or other disposition of all the lands here- 
tofore or which may hereafter be granted to the State by the general government, 
under such regulations as may be prescribed by law, and in such manner as will 
secure the maximum possible amount therefor. No law shall ever be passed by 
the General Assembly granting any privileges to persons who may have settled 
upon any such public lands subsequent to the survey thereof by the general gov- 
ernment, by which the amonnt to be derived by the sale, or other disposition of 
such lands, shall be diminished, directly or indirectly. The General Assembly 
shall, at the earliest practicable period, provide by law that the several grants of 
land made by Congress to the State shall be judiciously located and carefully pre- 
served and held in trust subject to disposal, for the use and benefit of the respec- 
tive objects for which said grants of land were made; and the General Assembly 
shall provide for the sale of said lands from time to time; and for the faithful 
application of the proceeds thereof in accordance with the terms of said grants. 

Sec. 11. The General Assembly may require, by law, that every child of 
sufficient mental and physical ability shall attend the public school during the 
period between the ages of six and eighteen years, for a time equivalent to three 
years, unless educated by other means. 

Sec. 12. There shall be elected by the qualified electors of the State, at the 
first general election under this Constitution, six regents of the university, who 
shall immediately after their election be so classified, by lot, that two shall hold 
their office for the term of two years, two for four years, and two for six years; 
and every two years after the first election there shall be elected two regents of 
the university, whose term of office shall be six years. The regents thus elected, 
and their successors, shall constitute a body corporate, to be known by the name 
and style of "The Regents of the University of Colorado." 

Sec. 13. The regents of the university shall, at their first meeting, or as soon 
thereafter as practicable, elect a president of the university, who shall hold his 
office until removed by the board of regents for cause; he shall be, ex-officio, a 
member of the board, with the privilege of speaking, but not of voting, .except in 
cases of a tie; he shall preside at the meetings of the board, and be the principal 
executive officer of the university, and a member of the faculty thereof. 

Sec. 14. The board of regents shall have the general supervision of the 
university, and the exclusive control and direction of all funds of, and appropri- 
ations for, the university. 

Sec. 15. The General Assembly shall, by law, provide for organization of 
school districts of convenient size, in each of which shall be established a board 
of education, to consist of three or more directors, to be elected by the qualified 
electors of the district. Said directors shall have control of instruction in the 
public f-nools of their respective districts. 

Sec. 16. Neither the General Assembly nor the State Board of Education 
shall have power to prescribe text books to be used in the public schools. 

ARTICLE X. 

REVENUE. 

Sec. 1. The fiscal year shall commence on the first day of October in each 
year, unless otherwise provided by law. 



CONSTITUTION OF COLORADO 21 

Sec. 2. The General Assembly shall provide by law for an annual tax, suffi- 
cient, with other resources, to defray the estimated expenses of the State Govern- 
ment for each fiscal year. 

Sec. 3. All taxes shall be uniform upon the same class of subjects within the 
territorial limits of the authority levying the tax and shall be levied and collected 
under general laws which shall prescribe such regulations as shall secure a just 
valuation for the taxation of all property, real and personal; Provided, That the 
household goods of every person being the head of a family, to the value of two 
hundred dollars, shall be exempt from taxation. Ditches, canals, and flumes 
owned and used by individuals or corporations for irrigating lands owned by such 
individuals or corporations, or the individual members thereof, shall not be separ- 
ately taxed so long as they shall be owned and used exclusively for such purpose; 
And provided further, That the provisions of this section shall not affect such 
special assessments for benefits and municipal improvements as the corporate 
authorities of cities, towns or improvement districts may assess and collect under 
provisions to be prescribed by law. 

Sec. 4. The property, real and personal, of the State, counties, cities, towns 
and other municipal corporations, and public libraries, shall be exempt from 
taxation. 

Sec. 5. Lots with the buildings thereon, if said buildings are used solely and 
exclusively for religious worship, for schools or for strictly charitable purposes, 
also cemeteries not used or held for private or corporate profit, shall be exempt 
from taxation, unless otherwise provided by general law. 

Sec. 6. All laws exempting from taxation property other than that hereinbe- 
fore mentioned shall be void. 

Sec. 7. The General Assembly shall not impose taxes for the purposes of any 
county, city, town, or other municipal corporation, but may by law vest in the 
corporate authorities thereof respectively the power to assess and collect taxes 
for all purposes of such corporation. 

Sec. 8. No county, city, town, or other municipal corporation, the inhabitants 
thereof, nor the property therein, shall be released or discharged from fheir or its 
proportionate share of taxes to be levied for State purposes. 

Sec. 9. The power to tax corporations and corporate property, real and per- 
sonal, shall never be relinquished or suspended. 

Sec. 10. All corporations in this State, or doing business therein, shall be 
subject to taxation for State, county, school, municipal, and other purposes, on 
the real and personal property owned or used by them within the territorial limits 
of the authority levying the tax. 

Sec. 11. The rate of taxation on property for State purposes, shall never 
exceed four mills on each dollar of valuation. 

Sec. 12. The treasurer shall keep a separate account of each fund in his 
hands; and shall, at the end of each quarter of the fiscal year, report to the Gov- 
ernor in writing, under oath, the amount of all moneys in his hands to the credit 
of every such fund, and the place where the same are kept or deposited, and the 
number and amount of every warrant received, and the number and amount of 
every warrant paid therefrom during the quarter. Swearing falsely to any such 
report shall be deemed perjury. The Governor shall cause every such report 
to be immediately published in at least one newspaper printed at the seat of 
government, and otherwise as the General Assembly may require. The General 
Assembly may provide by law further regulations for the safe keeping and man- 
agement of the public funds in the hands of the treasurer, but, notwithstanding 
any such regulation, the treasurer and his sureties shall in all cases be held re- 
sponsible therefor. 



22 CONSTITUTION OF COLORADO. 

Sec. 13. The making of profit, directly or indirectly, out of State, county, 
city, town or school district money, or using the same for any purpose not author- 
ized by law, by any public officer, shall be deemed a felony, and shall be punished 
as provided by law. 

Sec. 14. Private property shall not be taken or sold for the payment of the 
corporate debt of municipal corporations. 

Sec. 15. There shall be a State Board of Equalization, consisting of the Gov- 
ernor, State Auditor, State Treasurer, Secretary of State, and Attorney-General; 
also, in each county of this State, a county board of equalization, consisting of 
the board of county commissioners of said county. The duty of the State Board 
of Equalization shall be to adjust and equalize the valuation of real and personal 
property among the several counties of the State. The duty of the county board 
of equalization shall be to adjust and equalize the valuation of real and personal 
property within their respective counties. Each board shall also perform such 
other duties as may be prescribed by law. 

Sec. 16. No appropriation shall be made nor any expenditure authorized by 
the General Assembly whereby the expenditure of the State during any fiscal 
year shall exceed the total tax then provided for by law and applicable for such 
appropriation or expenditure unless the General Assembly making such appro- 
priation shall provide for levying a sufficient tax not exceeding the rates allowed 
in section eleven of this article to pay such appropriation or expenditure within 
such fiscal year. This provision shall not apply to appropriations or expenditures 
to suppress insurrection, defend the State, or assist in defending the United States 
in time of war. 

ARTICLE XI. 

PUBLIC INDEBTEDNESS. 

Sec. 1. Neither the State nor any county, city, town, township or school dis- 
trict shall lend or pledge the credit or faith thereof, directly or indirectly, in any 
manner to or in aid of any person, company or corporation, public or private, for 
any amount or for any purpose whatever, or become responsible for any debt, 
contract or liability of any person, company or corporation, public or private, in 
or out of the State. 

Sec. 2. Neither the State nor any county, city, town, township or school dis- 
trict, shall make any donation or grant to, or in aid of, or become a subscriber to, 
or shareholder in, any corporation or company, or a joint owner with any person, 
company or corporation, public or private, in or out of the State, except as to 
such ownership as may accrue to the State by escheat, or by forfeiture, by opera- 
tion or provision of law; and except as to such ownership as may accrue to the 
State, or to any county, city, town, township or school district, or to either or any 
of them, jointly with any person, company or corporation, by forfeiture or sale of 
real estate for non-payment of taxes, or by donation or devise for public use, or 
by purchase by or on behalf of any or either of them, jointly with any or either 
of them, under execution in cases of fines, penalties or forfeiture of recognizance, 
breach of condition of official bond, or of bond, to secure public moneys, or the 
performance of any contract in which they or any of them may be jointly or 
severally interested. 

Sec. 3. The State shall not contract any debt by loan in any form except to 
provide for casual deficiencies of revenue, erect public buildings for use of the 
State, suppress insurrection, defend the State, or, in time of war, assist in defend- 
ing the United States; and the amount of the debt contracted in any one year to 
provide for deficiencies of revenue shall not exceed one-fourth of a mill on each 



CONSTITUTION OF COLORADO. 23 

dollar of valuation of taxable property within the State, and the aggregate amount 
of such debt shall not at any time exceed three-fourths of a mill on each dollar 
of said valuation until the valuation shall equal one hundred millions of dollars, 
and thereafter such debt shall not exceed one hundred thousand dollars, and the 
debt incurred in any one year for erection of public buildings shall not exceed 
one-half mill on each dollar of said valuation, and the aggregate amount of such 
debt shall never at any time exceed the sum of fifty thousand dollars (except as 
provided in section five of this article), and in all cases the valuation in this sec- 
tion mentioned shall be that of the assessment last preceding the creation of 
said debt. # 

Sec. 4. In no case shall any debt above mentioned in this article be created 
except by a law which shall be irrepealable until the indebtedness therein provided 
for shall have been fully paid or discharged; such law shall specify the purposes 
to which the funds so raised shall be applied, and provide for the levy of a tax 
sufficient to pay the interest on, and extinguish the principal of such debt within 
the time limited by such law for the payment thereof, which in the case of debts 
contracted for the erection of public buildings and supplying deficiencies of reve- 
nue, shall not be less than ten nor more than fifteen years, and the funds arising 
from the collection of any such tax shall not be applied to any other purpose than 
that provided in the law levying the same; and when the debt thereby created 
shall be paid or discharged, such tax shall cease, and the balance, if any, to the 
credit of the fund, shall immediately be placed to the credit of the general fund 
of the State. 

Sec. 5. A debt for the purpose of erecting public buildings may be created 
by law, as provided for in section four of this article, not exceeding in the aggre- 
gate three mills on each dollar of said valuation: Provided, That before going 
into effect such law shall be ratified by the vote of a majority of such qualified 
electors of the State as shall vote thereon at a general election, under such regu- 
lations as the General Assembly may prescribe. 

Sec. 6. No county shall contract any debt by loan in any form except for the 
purpose of erecting necessary public buildings, making or repairing public roads 
and bridges; and such indebtedness contracted in any one year shall not exceed 
the rates upon the taxable property in such county, following, to wit: Counties in 
which the assessed valuation of taxable property shall exceed five millions of 
dollars, one dollar and fifty cents on each thousand dollars thereof; Counties in 
which such valuation shall be less than five millions of dollars, three dollars on 
each thousand dollars thereof; And the aggregate amount of indebtedness of 
any county for all purposes, exclusive of debts contracted before the adoption of 
this Constitution, shall not at any time exceed twice the amount above herein 
limited, unless when in manner provided by law, the question of incurring such 
debt shall, at a general election, be submitted to such of the qualified electors of 
such county as in the year last preceding such election shall have paid a tax upon 
property assessed to them in such county, and a majority of those voting thereon 
shall vote in favor of incurring the debt; but the bonds, if any be issued therefor, 
shall not run less than ten years, and the aggregate amount of debt so contracted 
shall not at any time exceed twice the rate upon the valuation last herein men- 
tioned; Provided, That any county in this State which has an indebtedness out- 
standing, either in the form of warrants issued for purposes provided by law prior 
to December 31. A. D. 1886, or in the form of funding bonds issued prior to such 
date for such warrants previously outstanding, or in the form of public building, 
road or bridge bonds outstanding at such date, may contract a debt by loan by 
the issuance of bonds for the purpose of liquidating such indebtedness, provided 



24 CONSTITUTION OF COLORADO. 

the question of issuing said bonds shall, at a general or special election called for 
that purpose, be submitted to the vote of such of the duly qualified electors of 
such county as in the year last preceding such election shall have paid a tax upon 
property assessed in such county, and the majority of those voting thereon shall 
vote in favor of issuing the bonds. Such election shall be held in the manner 
prescribed by the laws of this State for the issuance of road, bridge and public 
building bonds, and the bonds authorized at such election shall be issued and 
provision made for their redemption in the same manner as provided in said law. 

Sec. 7. No debt by loan in any form shall be contracted by any school dis- 
trict for the purpose of erecting and furnishing school buildings, or purchasing 
grounds, unless the proposition to create such debt shall first be submitted to such 
qualified electors of the district as shall have paid a school tax therein in the 
year next preceding such election, and a majority of those voting thereon shall 
vote in favor of incurring such debt. 

Sec. 8. No city or town shall contract any debt by loan in any form, except 
by means of an ordinance, which shall be irrepealable, until the indebtedness 
therein provided for shall have been fully paid or discharged; specifying the pur- 
poses to which the funds to be raised shall be applied, and providing for the levy 
of a tax, not exceeding twelve (12) mills on each dollar of valuation of taxable 
property within such city or town, sufficient to pay the annual interest, and 
extinguish the principal of such debt within fifteen, but not less than ten years 
from the creation thereof; and such tax when collected shall be applied only to 
the purposes in such ordinance specified, until the indebtedness shall be paid or 
discharged. But no such debt shall be created unless the question of incurring 
the same shall at a regular election for councilmen, aldermen or officers of such 
city or town, be submitted to a vote of such qualified electors thereof as shall, in 
the year next preceding, have paid a property tax therein, and a majority of those 
voting on the question, by ballot deposited in a separate ballot-box, shall vote in 
favor of creating such debt; but the aggregate amount of debt so created, together 
with the debt existing at the time of such election, shall not at any time exceed 
three per cent, of the valuation last aforesaid. Debts contracted for supplying 
water to such city or town are excepted from the operation of this section. The 
valuation in this section mentioned shall be in all cases that of the assessment 
next preceding the last assessment before the adoption of such ordinance. 

Sec. 9. Nothing contained in this article shall be so construed as to either 
impair or add to the obligation of any debt heretofore contracted by any county, 
city, town, or school district, in accordance with the laws of Colorado Territory, 
or prevent the contracting of any debt, or the issuing of bonds therefor, in 
accordance with said laws, upon any proposition for that purpose which may 
have been, according to said laws, submitted to a vote of the qualified electors of 
any county, city, town or school district, before the day on which this Constitu- 
tion takes effect. 

ARTICLE XII. 

OFFICERS. 

Sec. 1. Every person holding any civil office under the State, or any munici- 
pality therein, shall, unless removed according to law, exercise the duties of such 
office until his successor is duly qualified; but this shall not apply to members of 
the General Assembly, nor to members of any board or assembly, two or more of 
whom are elected at the same time; the General Assembly may by law provide for 
suspending any officer in his functions, pending impeachment or prosecution for 
misconduct in office. 



CONSTITUTION OF COLORADO. 25 

Sec. 2. No person shall hold any office or employment of trust or profit under 
the laws of the State, or any ordinance of any municipality therein, without devot- 
ing his personal attention to the duties of the same. 

Sec. 3. No person who is now or hereafter may become a collector or receiver 
of public money, or the deputy or assistant of such collector or receiver, and who 
shall have become a defaulter in his office, shall be eligible to or assume the duties 
of any office of trust or profit in this State under the laws thereof, or of any 
municipality therein, until he shall have accounted for and paid over all public 
money for which he may be accountable. 

Sec. 4. No person hereafter convicted of embezzlement of public money, 
bribery, perjury, solicitation of bribery, or subornation of perjury, shall be eli- 
gible to the General Assembly, or capable of holding any office of trust or profit 
in this State. 

Sec. 5. The district court of each county shall at each term thereof specially 
give in charge to the grand jury, if there be one, the laws regulating the accounta- 
bility of the county treasurer, and shall appoint a committee of such grand jury, 
or of other reputable persons, not exceeding five, to investigate the official 
accounts and affairs of the treasurer of such county, and report to the court the 
condition thereof. The judge of the district court may appoint a like committee 
in vacation at any time, but not oftener than once in every three months. The 
district court of the county wherein the seat of government may be shall have the 
like power to appoint committees to investigate the official accounts and affairs 
of the State Treasurer and the Auditor of State. 

Sec. 6. Any civil officer or member of the General Assembly who shall solicit, 
demand or receive, or consent to receive, directly or indirectly, for himself or for 
another, from any company, corporation or person, any money, office, appoint- 
ment, employment, testimonial, reward, thing of value or enjoyment, or of per- 
sonal advantage, or promise thereof, for his vote, official influence, or action or 
for withholding the same, or with an understanding that his official influence or 
action shall [be] in any way influenced thereby, or who shall solicit or demand 
any such money or advantage, matter or thing aforesaid, for another, as the con- 
sideration of his vote, official influence or action, or for withholding the same, or 
shall give or withold his vote, official influence or action, in consideration of the 
payment or promise of such money, advantage, matter or thing to another, shall 
be held guilty of bribery, or solicitation of bribery, as the case may be, within the 
meaning of this Constitution, and shall incur the disabilities provided thereby for 
such offense, and such additional punishment as is or shall be prescribed by law. 

Sec. 7. Every member of the General Assembly shall, before he enters upon 
his official duties, take an oath or affirmation to support the Constitution of the 
United States and of the State of Colorado, and to faithfully perform the duties of 
his office according the best of his ability. This oath, or affirmation, shall be 
administered in the hall of the House to which the member shall have been elected. 

Sec. 8. Every civil officer, except members of the General Assembly and 
such inferior officers as may be by law exempted, shall, before he enters upon the 
duties of his office, take and subscribe an oath or affirmation to support the Con- 
stitution of the United States and of the State of Colorado, and to faithfully per- 
form the duties of the office upon which he is about to enter. 

Sec. 9. Officers of the executive department and judges of the supreme and 
district courts, and district attorneys, shall file their oaths of office with the Secre- 
tary of State; every other officer shall file his oath of office with the county clerk 
of the county wherein he shall have been elected. 



26 CONSTITUTION OF COLORADO. 

Sec. 10. If any person elected or appointed to any office shall refuse or neg- 
lect to qualify therein within the time prescribed by law, such office shall be 
deemed vacant. 

Sec. 11. The term of office of any officer elected to fill a vacancy shall termi- 
nate at the expiration of the term during which the vacancy occurred. 

Sec. 12. No person who shall hereafter fight a duel, or assist in the same as a 
second, or send, accept or knowingly carry a challenge therefor, or agree to go out 
of the State to fight a duel, shall hold any office in the State. 

ARTICLE XIII. 

IMPEACHMENTS. 

Sec. 1. The House of Representatives shall have the sole power of impeach- 
ment. The concurrence of a majority of all the members shall be necessary to an 
impeachment. All impeachments shall be tried by the Senate, and when sitting 
for that purpose the Senators shall be upon oath or affirnlation to do justice 
according to law and evidence. When the Governor or Lieutenant-Governor is on 
trial, the chief justice of the supreme court shall preside. No person shall be 
convicted without a concurrence of two-thirds of the Senators elected. 

Sec. 2. The Governor and other State and judicial officers, except county 
judges and justices of the peace, shall be liable to impeachment for high crimes 
or misdemeanors, or malfeasance in office, but judgment in such cases shall only 
extend to removal from office and disqualification to hold any office of honor, trust 
or profit in the State. The part}', whether convicted or acquitted, shall neverthe- 
less be liable to prosecution, trial, judgment and punishment according to law. 

Sec. 3. All officers not liable to impeachment shall be subject to removal for 
misconduct or malfeasance in office, in such manner as may be provided by law. 

ARTICLE XIV. 

COUNTIES. 

Sec. 1. The several counties of the Territory of Colorado, as they now exist, 
are hereby declared to be counties of the State. 

Sec. 2. The General Assembly shall have no power to remove the county seat 
of any county, but the removal of county seats shall be provided for by general 
law. and no county seat shall be removed unless a majority of the qualified elec- 
tors of the county, voting on the proposition at a general election, vote therefor; 
and no such proposition shall be submitted oftener than once in four years, and 
no person shall vote on such proposition who shall not have resided in the county 
six months and in the election precinct ninety days next preceding such election. 

Sec. 3. No part of the territory of any county shall be stricken off and added 
to an adjoining county without first submitting the question to the qualified voters 
of the county from which the territory is proposed to be stricken off; nor unless a 
majority of all the qualified voters of said county voting on the question shall 
vote therefor. 

Sec. 4. In all cases of the establishment of any new county, the new county 
shall be held to pay its ratable proportion of all then existing liabilities of the 
county or counties from which such new county shall be formed. 

Sec. 5. When any part of a county is stricken off and attached to another 
county, the part stricken off shall be held to pay its ratable proportion of all then 
existing liabilities of the county from which it is taken. 

COUNTY OFFICERS. 

Sec. 6. In each county there shall be elected for the term of three years, 
three county commissioners, who shall hold sessions for the transaction of county 



CONSTITUTION OP COLORADO. 27 

business as provided by law; any two of whom shall constitute a quorum for the 
transaction of business. One of said commissioners shall be elected on the first 
Tuesday in October, eighteen hundred and seventy-six, and every year thereafter 
one such officer shall be elected in each county, at the general election, for the 
term of three years; Provided, That when the population of any county shall 
exceed ten thousand, the board of county commissioners may consist of five 
members, who shall be elected as provided by law, any three of whom shall con- 
stitute a quorum for the transaction of business. 

Sec. 7. The compensation of all county and precinct officers shall be as pro- 
vided by law. 

Sec. S. There shall be elected in each county, on the first Tuesday in Octo- 
ber, in the year eighteen hundred and seventy-seven, and every alternate year 
forever thereafter, one county clerk, who shall be ex-officio recorder of deeds and 
clerk of the board of county commissioners; one sheriff; one coroner; one treas- 
urer, who shall be collector of taxes; one county superintendent of schools; one 
county surveyor; and one county assessor. 

Sec. 9. In case of a vacancy occurring in the office of county commissioner, 
the Governor shall fill the same by appointment; and in case of a vacancy in any 
other county office, or in any precinct office, the board of county commissioners 
shall fill the same by appointment; and the person appointed shall hold the office 
until the next general election, or until the vacancy be filled by election accord- 
ing to law. 

Sec. 10. No person shall be eligible to any county office unless he shall be a 
qualified elector; nor unless he shall have resided in the county one year preced- 
ing his election. 

Sec. 11. There shall, at the first election at which county officers are chosen, 
and annually thereafter, be elected in each precinct one justice of the peace and 
one constable, who shall each hold his office for the term of two years; Provided, 
That in precincts containing five thousand or more inhabitants, the number of 
justices and constables may be increased as provided by law. 

Sec. 12. The General Assembly shall provide for the election or appointment 
of such other county, township, precinct and municipal 'officers as public conven- 
ience may require; and their terms of office shall be as prescribed by law, not in 
any case to exceed two years. 

Sec. 13. The General Assembly shall provide by general laws for the organi- 
zation and classification of cities and towns. The number of such classes shall 
not exceed four, and the powers of each class shall be defined by general laws, so 
that all municipal corporations of the same class shall possess the same powers 
and be subject to the same restrictions. 

Sec. 14. The General Assembly shall also make provision by general law 
whereby any city, town or village, incorporated by any special or local law, may 
elect to become subject to and be governed by the general law relating to such 
corporations. 

Sec. 15. For the purpose of providing for and regulating the compensation 
of county and precinct officers, the General Assembly shall by law classify the 
several counties of the State according to population, and shall grade and fix the 
compensation of the officers within the respective classes according to the popu- 
lation thereof. Such law shall establish scales of fees to be charged and collected 
by such of the county and precinct officers as may be designated therein for 
services to be performed by them respectively; and where salaries are provided, 
the same shall be payable only out of the fees actually collected in all cases where 
fees are prescribed. All fees, perquisites and emoluments above the amount of 
such salaries shall be paid into the county treasury. 



28 CONSTITUTION OF COLORADO. 

ARTICLE XV. 

CORPORATIONS. 

Sec. 1. All existing charters or grants of special or exclusive privileges under 
which the corporators or grantees shall not have organized and commenced busi- 
ness in good faith at the time of the adoption of this Constitution, shall thereafter 
have no validity. 

Sec. 2. No charter of incorporation shall be granted, extended, changed or 
amended by special law, except for such municipal, charitable, educational, penal 
or reformatory corporations as are or may be under the control of the State; but 
the General Assembly shall provide by general laws for the organization of corpo- 
rations hereafter to be created. 

Sec. 3. The General Assembly shall have the power to alter, revoke or annul 
any charter of incorporation now existing and revocable at the adoption of this 
Constitution, or any that may hereafter be created, whenever in their opinion it 
may be injurious to the citizens of the State, in such manner, however, that no 
injustice shall be done to the corporators. 

Sec. 4. All railroads shall be public highways, and all railroad companies 
shall be common carriers. Any association or corporation organized for the pur- 
pose shall have the right to construct and operate a railroad between any desig- 
nated points within this State, and to connect at the State line with railroads of 
other States and Territories. Every railroad company shall have the right with 
its road to intersect, connect with or cross any other railroad. 

Sec. 5. No railroad corporation, or the lessees or managers thereof, shall 
consolidate its stock, property or franchises with any other railroad corporation 
owning or having under its control a parallel or competing line. 

Sec. 6. All individuals, associations and corporations shall have equal rights 
to have persons and property transported over any railroad in this State, and no 
undue or unreasonable discrimination shall be made in charges or in facilities for 
transportation of freight or passengers within the State, and no railroad company, 
nor any lessee, manager or employe thereof, shall give any preference to individ- 
uals, associations or corporations in furnishing cars or motive power. 

Sec. 7. No railroad or other transportation company in existence at the time 
of the adoption of this Constitution, shall have the benefit of any future legisla- 
tion without first filing in the office of the Secretary of State an acceptance of the 
provisions of this Constitution, in binding form. 

Sec. 8. The right of eminent domain shall never be abridged, nor so con- 
strued as to prevent the General Assembly from taking the property and fran- 
chises of incorporated companies and subjecting them to public use, the same as 
the property of individuals; and the police power of the State shall never be 
abridged or so construed as to permit corporations to conduct their business in 
such manner as to infringe the equal rights of individuals or the general well- 
being of the State. 

Sec. 9. No corporation shall issue stocks or bonds, except for labor done, 
service performed, or money or property actually received, and all fictitious in- 
crease of stock or indebtedness shall be void. The stock of corporations shall 
not be increased except in pursuance of general law, nor without the consent of 
the persons holding a majority of the stock, first obtained at a meeting held after 
at least thirty days' notice given in pursuance cf law. 

Sec. 10. No foreign corporation shall do any business in this State without 
having one or more known places of business and an authorized agent or agents 
in the same, upon whom process may be served. 



CONSTITUTION OF COLORADO. 29 

Sec. 11. No street railroad shall be constructed within any city, town or in- 
corporated village, without the consent of the local authorities having the control 
of the street or highway proposed to be occupied by such street railroad. 

Sec. 12. The General Assembly shall pass no law for the benefit of a railroad 
or other corporation, or any individual or association of individuals, retrospective 
in its operations, or which imposes on the people of any county or municipal 
subdivision of the State, a new liability in respect to transactions or considera- 
tions already past. 

Sec. 13. Any association or corporation, or the lessees or managers thereof, 
organized for the purpose, or any individual, shall have the right to construct and 
maintain lines of telegraph within this State, and to connect the same with other 
lines, and the General xAssembly shall by general law of uniform operation pro- 
vide reasonable regulations to give full effect to this section. No telegraph com- 
pany shall consolidate with or hold a controlling interest in the stock or bonds of 
any other telegraph company owning or having the control of a competing line, 
or acquire, by purchase or otherwise, any other competing line of telegraph. 

Sec. 14. If any railroad, telegraph, express or other corporation organized 
under any of the laws of this State, shall consolidate, by sale or otherwise, with 
any railroad, telegraph, express or other corporation organized under any laws of 
any other State or Territory, or of the United States, the same shall not thereby 
become a foreign corporation, but the courts of this State shall retain jurisdic- 
tion over that part of the corporate property within the limits of the State in all 
matters which may arise, as if said consolidation had not taken place. 

Sec. 15. It shall be unlawful for any person, company or corporation to 
require of its servants or employes, as a condition of their employment or other- 
wise, any contract or agreement whereby such person, company or corporation 
shall be released or discharged from liability or responsibility on account of per- 
sonal injuries received by such servants or employes while in the service of such 
person, company or corporation, by reason of the negligence of such person, com- 
pany or corporation, or the agents or employes thereof, and such contracts shall 
be absolutely null and void. 

ARTICLE XVI. 

MINING AND IRRIGATION. 

MINING. 

Sec. 1. There shall be established and maintained the office of commissioner 
of mines, the duties and salaries of which shall be prescribed by law. When said 
office shall be established, the Governor shall, with the advice and consent of the 
Senate, appoint thereto a person known to be competent, whose term of office 
shall be four years. 

Sec. 2. The General Assembly shall provide by law for the proper ventilation 
of mines, the construction of escapement shafts, and such other appliances as 
may be necessary to protect the health and secure the safety of the workmen 
therein; and shaW prohibit the employment in the mines of children under twelve 
years of age. 

Sec. 3. The General Assembly may make such regulations, from time to time, 
as may be necessary for the proper equitable drainage of mines. 

Sec. 4. The General Assembly may provide that the science of mining and 
metallurgy be taught in one or moie of the institutions of learning under the 
patronage of the State. 



30 CONSTITUTION OF COLORADO. 

IRRIGATION. 

Sec. 5. The water of every natural stream, not heretofore appropriated, 
within the State of Colorado, is hereby declared to be the property of the public, 
and the same is dedicated to the use of the people of the State, subject to appro- 
priation as hereinafter provided. 

Sec. 6. The right to divert unappropriated water of any natural stream 
to waters of any natural stream for beneficial uses shall never be denied. 
Priority of appropriation shall give the better right as between those using the 
water for the same purpose; but when the waters of any natural stream are not 
sufficient for the service of all those desiring the use of the same, those using the 
water for domestic purposes shall have the preference over those claiming for 
any other purpose, and those using the water for agricultural purposes shall 
have preference over those using the same for manufacturing purposes. 

Sec. 7. All persons and corporations shall have the right of way across public, 
private and corporate lands for the construction of ditches, canals and flumes, for 
the purpose of conveying water for domestic purposes, for the irrigation of agri- 
cultural lands, and for mining and manufacturing purposes, and for drainage, 
upon payment of just compensation. 

Sec. 8. The General Assembly shall provide by law that the Board of County 
Commissioners, in their respective counties, shall have power, when application 
is made to them by either party interested, to establish reasonable maximum 
rates to be charged for the use of water, whether furnished by individuals or 
corporations. 

ARTICLE XVII. 

MILITIA. 

Sec. 1. The militia of the State shall consist of all able-bodied male residents 
of the State, between the ages of eighteen and forty-five years, except such persons 
as may be exempted by the laws of the United States or of the State. 

Sec. 2. The organization, equipment and discipline of the militia shall con- 
form, as nearly as practicable, to the regulations for the government of the armies 
of the United States. 

Sec. 3. The Governor shall appoint all general, field and staff officers, and 
commission them. Each company shall elect its own officers, who shall be com- 
missioned by the Governor; but if any company shall fail to elect such officers 
within the time prescribed by law, they may be appointed by the Governor. 

Sec. 4. The General Assembly shall provide for the safe keeping of the public 
arms, military records, relics and banners of the State. 

Sec. 5. No person having conscientious scruples against bearing arms shall 
be compelled to do militia duty in time of peace; Provided, Such person shall pay 
an equivalent for such exemption. 

ARTICLE XV11I. 

MISCELLANEOUS. 

Sec. 1. The General Assembly shall pass liberal homestead and exemption 
laws. 

Sec. 2. The General Assembly shall have no power to authorize lotteries or 
gift enterprises for any purpose, and shall pass laws to prohibit the sale of lottery 
or gift enterprise tickets in this State. 

Sec. 3. It shall be the duty of the General Assembly to pass such laws as may 
be necessary and proper to decide differences by arbitrators, to be appointed by 



CONSTITUTION OP COLORADO. 31 

mutual agreement of the parties to any controversy, who may choose that mode 
of adjustment. The powers and duties of such arbitrators shall be as prescribed 
by law. 

Sec. 4. The term felony, wherever it may occur in this Constitution, or the 
laws of the State, shall be construed to mean any criminal offense punishable by 
death or imprisonment in the penitentiary, and none other. 

Sec. 5. The General Assembly shall prohibit by law the importation into this 
State, for the purpose of sale, of any spurious, poisonous or drugged spirituous 
liquors, or spirituous liquors adulterated with any poisonous or deleterious sub- 
stance, mixture, or compound: and shall prohibit the compounding or manufac- 
ture within this State, except for chemical or mechanical purposes, of any of said 
liquors, whether they be denominated spirituous, vinous, malt or otherwise; and 
shall also prohibit the sale of any such liquors to be used as a beveiage, and any 
violation of either of said prohibitions shall be punished by fine and imprison- 
ment. The General Assembly shall provide by law for the condemnation and 
destruction of all spurious, poisonous or drugged liquors herein prohibited. 

Sec. 6. The General Assembly shall enact laws in order to prevent the 
destruction of and to keep in good preservation the forests upon the lands of the 
State, or upon the lands of the public domain, the control of which shall be con- 
ferred by congress upon the State. 

Sec. 7. The General Assembly may provide that the increase in the value of 
private lands caused by the planting of hedges, orchards and forests thereon shall 
not for a limited time, to be fixed by law, be taken into account in assessing such 
lands for taxation. 

Sec. 8. The General Assembly shall provide for the publication of the laws 
passed at each session thereof; and until the year 1900 they shall cause to be pub- 
lished in Spanish and German a sufficient number of copies of said laws to supply 
that portion of the inhabitants of the State who speak those languages and who 
may be unable to read and understand the English language. 

ARTICLE XIX. 

AMENDMENTS. 

Sec. 1. The General Assembly may at any time by a vote of two-thirds of the 
members elected to each House recommend to the electors of the State to vote at 
the next general election for or against a convention to revise, alter and amend 
this Constitution; and it a majority of those voting on the question shall declare 
in favor of such convention the General Assembly shall at its next session provide 
for the calling thereof. The number of members of the convention shall be twice 
that of the Senate and they shall be elected in the same manner, at the same 
places, and in the same districts. The General Assembly shall, in the act of call- 
ing the convention designate the day, hour and place of its meeting, fix the pay 
of its members and officers, and provide for the payment of the same, together 
with the necessary expenses of the convention. Before proceeding the members 
shall take an oath to support the Constitution of the* United States and of the 
State of Colorado and to faithfully discharge their duties as members of the con- 
vention. The qualifications of members shall be the same as of members of the 
Senate and vacancies occurring shall be filled in the manner provided for filling 
vacancies in the General Assembly. Said convention shall meet within three 
months after such election and prepare such revisions, alterations or amendments 
to the Constitution as may be deemed necessary, which shall be submitted to the 
electors for their ratification or rejection, at an election appointed by the conven- 
tion for that purpose, not less than two nor more than six months after adjourn- 



32 CONSTITUTION OP COLORADO. 

ment thereof; and unless so submitted* and approved by a majority of the electors 
voting at the election no such revision, alteration or amendment shall take effect. 
Sec. 2. Any amendment or amendments to this Constitution may be pro- 
posed in either House of the General Assembly and if the same shall be voted 
for by two-thirds of all the members elected to each House, such proposed 
amendments, together with the ayes and noes of each House thereon, shall be 
entered in full on their respective journals; and the Secretary of State shall cause 
the said amendment or amendments to be published in full in at least one news- 
paper in each county (if such there be) for three months previous to the next 
general election for members to the General Assembly; and at said election the 
said amendment or amendments shall be submitted to the qualified electors of 
the State for their approval or rejection, and such as are approved by a majority 
of those voting thereon shall become part of this Constitution, but the General 
Assembly shall have no power to propose amendments to more than one article 
of this Constitution at the same session. 



DEFINITIONS. 



Acknowledgment. — An acknowledgment is an 
avowal, before the proper officer, of one's own act, 
to give it legal validity — applied to deeds, mortgages 
and other writings. It is certified to by the officer 
before whom it is taken. 

Administrator. — The person appointed by the 
county court to manage and settle the estate of a 
person dying without a will. 

Appeal. — To appeal a case is to remove it from a 
lower to a higher court for re-trial or review. Cases 
may also be taken up on writ of error. 

Assault. — An assault is an unlawful attempt 
coupled with a present ability to commit a violent 
injury on the person of another. 

Assault and battery. — ' 'Assault and battery is the 
unlawful beating of another." 

Bail. — A prisoner gives bail when he produces 
persons who promise in writing to pay into the public 
treasury a certain sum of money, if he, being liber- 
ated, does not appear in court on a day specified. If 
the prisoner cannot give bail he is imprisoned. The 
Constitution of Colorado declares all offences bail- 
able, except capital offences in which the proof is 
evident or the presumption of guilt is great. 

Change of venue. — When either party to a suit 
before a justice makes oath that he believes that he 
cannot have a fair and impartial trial before such 
justice, it is the duty of the justice to transmit all 
papers and documents in the case to the nearest 
justice, who tries the suit. In courts of record 
changes of venue may be taken for reasons assigned 



DEFINITIONS. 35 

in the law, such as; prejudice of the judge or people 
of a county, interest of the judge in the result of the 
suit, his relationship to either party, etc. 

Civil cause. — A civil cause, case or action is an 
action for the enforcement of or protection of private 
rights, or the redress or prevention of private wrongs. 

Court of record. — A court of record is a court in 
which an account of the acts and judicial proceedings 
of the court is written dow^n and preserved for testi 
mony, and which has a clerk and a seal. 

Criminal cause. — A criminal cause or action is an 
action prosecuted in a court of justice in the name of 
the people, against one or more persons accused of a 
crime. 

Felony. — Felony is the name for crimes of consid- 
erable gravity. In Colorado as defined in the Con- 
stitution, it is any criminal offence punishable by 
death or imprisonment in the penitentiary. 

Franchise. — A franchise is a right or privilege, 
granted by a government (including municipalities) 
to one or more persons, which does not belong to 
citizens generally, and which cannot properly be 
exercised by them without such grant. 

Freehold. — A freehold is an estate, or interest, in 
real property, which may descend to heirs, or is held 
for the life of the holder. 

Habeas corpus. — This literally, have you the body. 
The phrase designates the most emphatic words of a 
writ, issued by a judge or court, commanding a per- 
son who has another in custody or in imprisonment, 
to have his body before the judge or court at a par- 
ticular time and place, and to state the cause of his 
imprisonment. The person whether a sheriff, jailor 
or other person, is bound to produce the body of the 
prisoner at the time and place appointed; and if the 



36 DEFINITIONS. 

prisoner is illegally or improperly in custody, the 
judge or court will discharge him. Hence it is 
deemed the great security of the personal liberty of 
the citizen against oppression and illegal confine- 
ment. — Storey. 

Information. — An accusation by which a person 
may be brought to trial for a crime without indict- 
ment by the grand jury. It is filed by the district 
attorney on his sworn statement or on the sworn 
statement of another. 

Injunction. — An injunction is an order issued by a 
court requiring a person to refrain from doing a par- 
ticular thing, or requiring such acts to be done as 
will give the plaintiff the full protection to which he 
is entitled — more often used in the former sense. 

Judgment. — A judgment is the final determination 
by a court of the rights of the parties in a legal 
action or proceeding. 

Jurisdiction. — Jurisdiction in its general sense is 
the power to make, declare or apply the law. When 
we say that the jurisdiction of the General Assembly 
or Governor is limited to Colorado, we mean that the 
laws made by the General Assembly do not apply to, 
and that the power of the Governor does not extend 
to, persons or things outside of Colorado. 

When applied to courts it means the power to hear 
and decide causes and enforce the decisions. 

A court is said to have original jurisdiction in any 
affairs when suits concerning those affairs may be 
begun in that court. 

A court has exclusive jurisdiction in any affairs 
when suits concerning such affairs can be begun in 
that court only. 

Two courts have concurrent jurisdiction in cer- 



DEFINITIONS. 37 

tain matters when suits concerning those matters 
may be brought in either court. 

When appeals can be taken from a court to a 
higher court, the latter is said to have appellate 
jurisdiction. 

Larceny. — Larceny is the wrongful taking of 
another's personal property, with the intent to 
deprive him of it permanently. In Colorado, when 
the value of the thing stolen is twenty dollars or 
under, it is called petit larceny. 

Misdemeanor. — A criminal offence less than a 
felony punishable by fine or imprisonment in the 
county jail. 

Mandamus. — A writ issued by a court to an infe- 
rior tribunal, corporation or person exercising public 
authority, to compel the performance of an act speci- 
fied by law as a duty, or to compel the admission of a 
person to a right or office from which he is unlaw- 
fully excluded. 

Open venire. — The writ by which jurors are regu- 
larly summoned is called a venire facias. When this 
writ directs the sheriff in his discretion to summon 
jurors it is called an open venire. 

Personal property. — This term includes every- 
thing subject to ownership except real estate. 

Plaintiff. — The person who commences a suit to 
obtain a remedy for an injury to his rights. 

Real estate. — This term includes land and what- 
ever is growing or erected upon it with whatever is 
beneath the surface. 

Summons. — A summons is a writ commanding the 
sheriff or other authorized officer to notify a certain 
person or persons to appear in court on a day speci- 
fied and for a purpose named in the writ. 



38 DIFINITIONS. 

Writ. — A writ is a writing issued from a court and 
bearing its seal, commanding a person to do or not to 
do a certain thing. 

Writ of error. — A process issued by a court of 
appellate jurisdiction to a court of record requiring 
such court of record to send the record of an action 
upon which final judgment has been entered, to the 
appellate court in order that certain errors alleged to 
have been made may be examined and the judgment 
corrected, reversed or affirmed. 



INDEX. 



PAGE 

Acquisition of territory 1 

Adjutant-General , 23 

Admission of Colorado as a State 3 

Adoption of Constitution 3 

Agricultural College 48 

Aldermen 46 

Amendment of Constitution 14 

Appeals from justice 34 

Appellate jurisdiction of County Court 33 

District Court 30 

Supreme Court 28 

Appointed officers 23 

Appointing power of Governor 17 

Appointment of judges 54 

Apportionment of Senators 10 

of Representatives 11 

Assessment 56, 21 

Assessment roll 56 

Assessor 39 

Attorney-General 20 

Authorization of bonds 58 

Ballots 53 

Bill denned 12 

Boards of Control 47 

Board equalization 56 

Board Inspection Commissioners 26 

Board Regents University Colorado 48 

Bond denned 57 

Bond of State Treasurer 19 

Boundaries of Colorado 1 

Canvass of votes for executive officers 16 

Census and apportionment 14 

Chairman county commissioners 36 

Challenge of juror 32 

Challenge of vote 52 • 

Changes in Constitution 14 

Change of venue, District court 31 

Justice court 34 

Police court •. 34 

Chaplain of Penitentiary 51 

Chief-Justice 27 

City of Denver 47 

Classes of cities and towns 45 

Classes of school districts 40 



40 INDEX. 

Clerk of district court 30 

Clerk of county court. : . . 33 

Clerks of courts 27 

Coal Mine Inspector 25 

Collection of taxes 56 

Colorado National Guard , 22 

Commander-in-chief of militia 17 

Commissioners' districts 36 

Committees 9 

Confirming power of Senate 10 

Congressional districts 3 

Constable 34 

Constitution 3 

Constitutional convention 3 

Constitutionality of bills 28 

Contest of election, of officers executive department 16 

County officers 32 

City officers 32 

Coroner 39 

County 35 

County clerk andrecorder 37 

County commissioner 35 

County court 32 

County judge 32 

County school fund 43 

County School tax 43 

County seat 35 

County treasurer 38 

Court of Appeals 29 

Courts of the State 26 

Delinquent taxes 56 

Departments of government 4 

Deputy sheriff 38 

District attorney 30 

District court 29 

Directors of school district 41 

Elections 51 

Election of United States Senators 15 

Elective county officers 35 

Emergency clause 13 

Enabling act 3 

Equalization 21 

Executive department . 16 

Executive officers ' 27 

Exemptions from jury duty 32 

Exemptions from taxation 57 

Exemptions from militia 22 

Fees of jurors and witnesses 32 

Freedom of speech 8 



INDEX. 41 

French cession 2 

Fish commissioner 24 

Forest commissioner 24 

General Assembly 6 

General election 55 

Grand jury 31 

Governor 17 

House of Representatives 11 

Impeachment 14 

Incorporated towns , . .* 46, 44 

Incorporation 44 

Inquest of lunacy 49 

Insane Asylum 49 

Inspector-General 23 

Judges of Court of Appeals 29 

County Court 32 

Supreme Court 27 

Election 54 

Judicial districts 29 

Jurisdiction of Police court 34 

County court , 32 

District court 30 

Court of Appeals 29 

Supreme Court 28 

Jurors 31 

Jury in County court 33 

District court 31 

Justice's court 34 

Justices' courts 33 

Justices' precincts 33 

Judicial districts 29 

Judicial department 26 

Kansas 2 

Legislation , 11 

Legislative department 6 

Legislative powers of Governor 17 

Licensing attorneys 28 

Lieutenant-Governor 18 

Louisiana 2 

Manner of voting 54 

Mayor of city 46 

Mayor of incorporated town 46 

Meetings board county commissioners 36 



42 INDEX. 

Members of General Assembly 7 

Message of Governor 18 

Method of passing bills * 12 

Mexican cession 2 

Military fund 23 

Missouri 2 

Municipal corporations 4 

Municipal election 55 

Mute and Blind Institute 49 

National census 14 

National Guard , 22 

National officers 3 

Naturalization 51 

Nebraska 2 

New counties 35 

New Mexico 2 

Nominations 53 

Notaries public 26 

Notice of election 53 

Object of laws 11 

Offices at county seat 15 

Official bonds 5 

Official oath *. 5 

Officers' fees 6 

Officers of cities 46 

Officers of legislative bodies 8 

Officers of school board 41 

Ordinances. 46 

Organization of school district 43 

Pardoning power of Governor 17 

Parliamentary law 9 

Payment of bonds 58 

Pay of city and town officers 46 

county commissioners 37 

General Assembly 8 

Militia , 23 

officers 6 

water commissioners : 23 

Penitentiary 50 

Petit jury 31 

Polling places 54 

Police courts 34 

Police magistrate 34 

Posse 38 

Powers of county commissioners 36 

General Assembly 11 

School board . . . . 42 

Boards of Control 48 



INDEX. 43 

Government 5 

Justice 33 

Town government 45 

President pro tempore of Senate 11 

President of school board 41 

Privileges of voters 52 

of members General Assembly 7 

Property tax for road purposes 40 

Publication of laws 13 

Public indebtedness 57 

Public officers 5 

Qualifications of County officers 35 

District attorney 30 

District judge 29 

Members General Assembly 7 

Voters 51 

Voters at school election 41 

Qualifying 5 

Quorum 7 

Record cf county court 33 

Registration of voters 52 

Removing power of Governor 17 

Restrictions on legislation 12 

Reports of boards of control 48 

Reports of officers 23 

Refunding bonds 58 

Revenue . . . , , 55 

Revenue bills 11 

Revenue of school district 43 

Revision of Constitution , 14 

Road districts 40 

Road overseers "40 

Roads 4) 

Road poll-tax 40 

Rotation of Senators 10 

School district 40 

School election 41 

Secretary of State 18 

Select committees 9 

Selection of jurors 31 

Senate 10 

Senate committees 11 

Senatorial districts 10 

Sessions of General Assembly 7 

Sheriff ' 38 

Soldiers' and Sailors' Home 51 

Speaker of the House 11 

Special charters 44 

Special school fund 43 



44 INDEX. 

Standing committees 9 

State Auditor 19 

State Board of Charities and Corrections 26 

Canvassers 21 

Dental Examiners 26 

Education 21 

Equalization 21 

Land Commissioners 22 

Medical Examiners 25 

Pharmacy * 25 

State census 14 

State Engineer 24 

State Industrial School 50 

State Institutions 47 

Statement of election expenses 55 

State Militia 22 

State Normal School 49 

State Reformatory 50 

State school fund 43 

State School of Mines 49 

State Treasurer 19 

State Veterinary Sanitary Board 25 

State Veterinary Surgeon 25 

Steam Boiler Inspector 25 

Superintendent s irrigation 24 

Superintendent of Public Instruction 20 

Superintendent of schools 39 

Supreme court 27 

Supreme court reports 28 

Supreme judges 27 

Supreme executive 17 

Surveyor 39 



Tax book 56 

Tax sale of personal property 56 

Terms members General Assembly 7 

Term of office 6 

Terms of Supreme Court 27 

Territory of Colorado 2 

Texan cession 2 

Towns and cities 44 

Treasurer of county 38 

State 19 

School board 42 

Trustees 46 

Tuition 48 



University of Colorado 48 

United States Senators 15 

Utah 2 



\ 



INDEX. 45 

Vacancies in offices 6 

Vacancy in office of County commissioner 37 

County judge. 33 

District attorney. 30 

District judge 30 

Governor 18 

School director 42 

Member General Assembly 8 

Supreme judge 27 

Viva voce vote 15 

Warden of penitentiary 50 

Warrants 58 

Water commissioners 23 

Water divisions 24 



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